Chapter

The Legal Analysis of Personal Work Relations – Boundaries, Paradigms, and Legal Formats

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print December 2011 | ISBN: 9780199551750
Published online January 2012 | e-ISBN: 9780191731013 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199551750.003.0002

Series: Oxford Monographs on Labour Law

The Legal Analysis of Personal Work Relations – Boundaries, Paradigms, and Legal Formats

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This chapter begins by discussing labour law and its ‘relational’ scope in a number of different legal systems. It then analyses the notion of the ‘personal work relation’ as the domain of labour law, and by a functional definition of this novel concept. Subsequently, the chapter moves on to describe a number of kinds of work, described in terminologies which are not necessarily established legal categories, whose place in the firmament of labour law is either denied or contested, and analyses their relationship with the broad concept of ‘personal work relation’. Finally, this discussion is contextualised in the English and European law approach to defining the scope of labour law, broadly understood.

Keywords: labour law; scope; personal work relation; employment relationship; non-standard work

Chapter.  18210 words. 

Subjects: Employment and Labour Law

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