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The legal construction of personal work relations [electronic resource] / Mark Freedland and Nicola Kountouris

Author
Freedland, M. R. (Mark Robert)
Published
Oxford : Oxford University Press, 2011.
Physical Description
1 online resource
Additional Creators
Kountouris, Nicola
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Contents
Machine generated contents note: pt. I THE LEGAL ANALYSIS OF PERSONAL WORK RELATIONS -- Introduction: Evolution and Reformulation in the Legal Construction of Personal Work Relations -- 1.The Legal Analysis of Personal Work Relations - Boundaries, Paradigms, and Legal Formats -- Introduction -- Section 1 The Relational Scope of Labour Law - An Initial Analysis -- Section 2 The Personal Work Relation as the Domain of Labour Law -- Section 3 A Functional Definition of the Personal Work Relation -- A.The Suggested Definition and its Function -- B.Multiple Interfaces and Contested Areas -- Section 4 Aligning the Personal Work Relation with Existing Categories -- A.An Emerging Pattern in European Law? -- B.The Pattern Instantiated in English Law - and in Other European Legal Systems -- 2.A European Comparative Approach to the Legal Construction of Personal Work Relations -- Introduction -- Section 1 Functions and Perspectives -- Section 2 Methodology -- Section 3 Sources of Regulation and Hierarchies of Norms -- A.Introduction -- B.Hierarchies of Sources as Identifiers of Labour Law Systems -- C.English Law and its Inherently Non-hierarchical System of Sources -- Section 4 Programme and Outcome -- pt. II THE PERSONAL WORK RELATION AS A CONTRACT -- 3.The Legal Construction of Personal Work Relations as Contracts -- Introduction -- Section 1 Contractuality, Individuality, and Layered Regulation -- A.The Law of Personal Work Contracts as Regulatory Modelling -- B.Individuality and Contractuality in the Law of Personal Work Contracts -- C.The Law of Personal Work Contracts as Layered Regulation -- Section 2 The Personal Work Contract as a Definitional Category and the Place of the Contract of Employment within that Category -- A.The Problems of the Binary Divide -- B.A Comparative Assessment of the Binary Divide -- Section 3 The Contractual Construction of Personal Work Relations - Towards a Multidimensional Analysis -- 4.The Formation and Structure of Contracts of Employment -- Introduction -- Section 1 The Conditions of Formation of Contracts of Employment -- A.The Nature and Functions of Conditions of Formation -- B.Employment-Specific Contractual Intention -- Section 2 Other Factors in the Making of Contracts of Employment -- A.Illegality and Other Vitiating Factors -- B.Formality and Information -- Section 3 The Personal and Organizational Structure of Contracts of Employment -- A.The Bilaterality, Individuality, and Personality of Contracts of Employment -- B.Organizational Structure -- Section 4 The Economic Structure of Contracts of Employment -- A.A Two-Level Economic Structure? -- B.Duration, Continuity, and the Provision of Remunerated Work -- 5.The Content and Performance of Contracts of Employment -- Introduction -- Section 1 Implied Terms and Guiding Principles -- A.Implied Terms and the Regulation of Content and Performance -- B.Fidelity, Obedience, and the Protection of the Interests of the Employer or Employing Enterprise -- C.Care and the Protection of the Welfare of the Worker -- D.Towards a Principle of Mutual Trust, Good Faith, and Fair Dealing? -- Section 2 Performance -- A.Integrated and Dis-integrated Approaches to the Performance of Contracts of Employment -- B.Performance and the Wage-Work Bargain -- C.Performance and the Continuity of Remuneration -- Section 3 Variation -- A.The Contested Approach to Variation in English Employment Law -- B.Variation From a Comparative Perspective -- Section 4 Suspension -- A.Approaches to the Regulation of Suspension, and the Intersection with Termination -- B.The Regulation of Suspension in Specific Circumstances -- 6.The Termination and Transformation of Employment Contracts -- Introduction -- Section 1 The Role of Contract Law in the Regulation of Termination of Employment -- A.Integrated and Dis-integrated Systems of Legal Regulation of Termination of Employment -- B.Regulation and Integration in the Contractual Construction of the Termination of Employment -- Section 2 The Duration and Termination of Employment Contracts - a European Regulatory Spectrum -- A.Regulating the Time of Contractual Termination -- B.Specifying the Grounds and Procedures for Contractual Termination -- Section 3 English Law as a Case-Study in the Dual Regulation of Termination of Employment -- A.The Separation Between Contractually Wrongful Dismissal and Unfair Dismissal in English Law -- B.The Low Protection of Job Security in the English Law of Employment Contracts -- Section 4 The Construction of Transformations in Contractual Employment Relations -- A.Transformations in the Identity of the Employer or in the Ownership or Control of the Employing Enterprise -- B.Other Transformations -- pt. III THE PERSONAL WORK RELATION AS A LEGAL NEXUS -- 7.Personal Work Contracts Other Than the Contract of Employment -- Introduction -- Section 1 The Legal Categorization of Personal Work Contracts Other Than the Contract of Employment -- A.The Category Identified -- B.The Traditional View of Other Personal Work Contracts as Contracts for Services -- C.Other Personal Work Contracts as a Dual Category -- D.Other Personal Work Contracts as a Family of Contracts -- Section 2 Formation and Structure -- A.Paradigm and Variety in Structure - the Personal Task Contract as a Paradigm for Other Personal Work Contracts? -- B.Intention, Formality, and Legality in Formation -- Section 3 Performance and Termination -- A.Performance and Content -- B.Termination and Transformation -- Section 4 The Narrowness of the Contractual Perspective -- A.The Individual Independent Worker -- B.Personal Work in a Joint Enterprise -- 8.Contract, Relation, and Nexus in the Legal Construction of Personal Work Relations -- Introduction -- Section 1 The Personal Work Relation and the Personal Work Nexus as Generic Concepts -- A.The Shortcomings of the Contractual Analysis of Personal Work Relations -- B.Concepts for a Different Method of Analysis -- Section 2 The Personal Work Relation as a Complex Network or Nexus -- A.The Personal Work Nexus as the Internal Structure of the Personal Work Relation -- B.Contract and Relationship Within the Personal Work Nexus -- Section 3 The Legal Connections of Which the Personal Work Nexus is Composed -- A.The Nature of These Legal Connections -- B.Primary and Secondary Legal Connections -- Section 4 The Personal Work Nexus and the Personal Work Relation -- A.A Theoretical Perspective -- B.A Comparative Perspective -- 9.The Personal Work Profile and the Idea of Personality in Work -- Introduction -- Section 1 The Idea of the Personal Work Profile -- A.The Personal Work Profile and the Personal Work Situation -- B.The Personal Work Profile and the Working Life or Career -- Section 2 A Critical Taxonomy of Personal Work Relations -- A.A Tri-Polar Starting Point -- B.A Scheme of Empirical Categories -- C.The Legal Construction of the Empirical Categories -- Section 3 The Personal Work Profile in the Taxonomy and Regulation of Personal Work Relations -- A.The Personal Work Profile and the Idea of Normative Characterization -- B.The Personal Work Profile as a Regulatory Framework -- Section 4 The Idea of Personality in Work -- A.Personality in Work as a Set of Values -- B.The Component Values of Personality in Work: Dignity, Capability, and Stability in Work -- pt. IV THE PERSONAL WORK RELATION IN EUROPEAN LAW -- 10.The Legal Construction of Personal Work Relations and the Role of European Law -- Introduction -- Section 1 European Law and the Fragmentation of Personal Work Regulation -- A.The Denormalization of Personal Work Arrangements -- B.The Fragmentation of EU Employment Law With Regard to Taxonomy -- C.The Normative Patchiness of EU Employment Law -- Section 2 A European Legal Framework for Personal Work Relations -- A.The Objectives and Main Components of a European Legal Framework for Personal Work Relations -- B.The Methodology of a European Legal Framework for Personal Work Relations -- C.The Personal Work Relation as the Framing Concept for a European Legal Framework for Personal Work Relations -- D.Multilayered Regulation and the Idea of EU Regulatory Layers -- Section 3 EU Regulatory Layers as the Basis of a European Legal Framework for Personal Work Relations -- A.The Complex Nature of EU Regulatory Layers -- B.The Relational Aspect of EU Regulatory Layers -- C.EU Regulatory Layers - Some Key Examples -- Section 4 A European Legal Framework for Personal Work Relations: Prospects and Problems -- A.Prospects -- B.Problems.
Summary
This text explores the framework of European employment law through an analysis of domestic national laws and their interaction with EU law. It focuses on understanding current developments in the law's picture of working relationships, and exploring the potential for further harmonisation of employment law.
Subject(s)
ISBN
9780191731013 (ebook)
0191731013 (ebook)
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Also issued in print format.
View MARC record | catkey: 28931801