Chapter

The Legal Construction of Personal Work Relations as Contracts

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/9780199551750.003.0004

Series: Oxford Monographs on Labour Law

The Legal Construction of Personal Work Relations as Contracts

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This chapter is the first chapter of Part II and it begins by framing ‘the law of personal work contracts’, as a necessary precursor to the study of the law of personal work relations, which follows in Part III. It begins by defining the notion of ‘the law of personal work contracts’ and the elements of contractuality and individuality that characterise it. It then sets out the hypothesis that the law of personal work relations may be a case of layered regulation and discusses how the different layers operate and interact in different jurisdictions. The central and final parts of the chapter are concerned with explaining the role of the contract of employment — and the ubiquitous binary divide between contract of employment and personal contract for services — within the broader law of personal work contracts, and discusses it both as an object and as a source of regulation.

Keywords: contract of employment; contractuality; individuality; layered regulation; binary divide

Chapter.  24819 words. 

Subjects: Employment and Labour Law

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