Chapter

The Legal Characterization of Personal Work Relations and the Idea of Labour Law

Mark Freedland and Nicola Kountouris

in The Idea of Labour Law

Published in print June 2011 | ISBN: 9780199693610
Published online September 2011 | e-ISBN: 9780191729744 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199693610.003.0013
The Legal Characterization of Personal Work Relations and the Idea of Labour Law

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The chapter reflects on the ‘changing idea of labour law’ from the analytical perspective of the legal construction of ‘personal work relations’. It begins by introducing the notion of ‘legal characterisation of personal work relations’, a process that—consciously or not—most legal systems (and legal actors within them) undertake in order to institute particular taxonomies of work relations to particular norms or set of norms. The chapter moves on to contrast existing legal taxonomies with a new set of ‘soft’ typologies, namely those of ‘secure work’, ‘autonomous or freestanding work’, and ‘precarious work’, and identifies the notion of ‘personal work profile’ as the main analytical technique through which personal work relations can be approached in their wider relational context. Finally the chapter introduces the notion of ‘personality in work’, embracing the objectives of promoting dignity, capability, and stability in the arranging and conduct of personal work relations, as a normative basis for the ‘changing idea of labour law’.

Keywords: personal work relation; personal scope; precarious work; personal work profile; personality in work

Chapter.  10022 words. 

Subjects: Employment and Labour Law

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