The Content and Performance 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 Content and Performance of Contracts of Employment

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This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way in which a whole body of doctrine has evolved with regard to the ‘implied terms’ of contracts of employment. It continues by discussing some specific areas in which the law of contracts of employment interprets, and assigns effects or outcomes to, the eventualities which present themselves or the steps which the parties take in the course or conduct of personal work relations; the areas or locations in question are those of performance of contracts and the regulation of the wage-work bargain, variation of contracts or of their terms, and suspension of contracts.

Keywords: content; performance; variation; implied terms; good faith; mutual trust; confidence; suspension

Chapter.  23649 words. 

Subjects: Employment and Labour Law

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