Chapter

Contract, Relation, and Nexus in the Legal Construction of Personal Work Relations

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/9780199551750.003.0009

Series: Oxford Monographs on Labour Law

Contract, Relation, and Nexus in the Legal Construction of Personal Work Relations

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This chapter attempts to propose an approach to the legal constructions of personal work relations which departs from the narrower contractual one discussed in the earlier chapters of the work, and which would address the difficulties and shortcomings brought to the fore by that earlier analysis. This approach is set forth and explained in two stages. At the first stage, the ideas of ‘the personal work relation’ and ‘the personal work nexus’ are developed as generic concepts, and it is suggested that these concepts provide the foundational elements for an analysis of the legal construction of personal work relations which transcends the restrictions of the existing contractual construction of most such relations. At the second stage, it is shown how those concepts can be applied in specific personal work situations; for this purpose, the theory of layered regulation which was introduced earlier in Chapter 3 is further developed.

Keywords: personal work nexus; personal work relation; normative characterisation; single contract

Chapter.  15538 words. 

Subjects: Employment and Labour Law

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