The Formation and Structure of Contracts of Employment

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:

Series: Oxford Monographs on Labour Law

The Formation and Structure of Contracts of Employment

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In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering the purpose and effect of the conditions of formation which are exacted for those contracts by the English and other European legal systems, and continues by sketching out the personal and economic structures or models and the economic structures or models which are imposed upon those contracts by those legal systems. In doing so, the chapter offers a comparative overview of a number of key contractual doctrines such as those of legal intention, legality, and formality in creating employment contracts. The chapter concludes by offering a critical analysis of the notions of duration and continuity.

Keywords: formation of contracts; legal relations; illegality; formality; duration; mutuality of obligations

Chapter.  24985 words. 

Subjects: Employment and Labour Law

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