Definition and Personal Structure
This chapter begins with an analysis of how employment law came to be organized around the category of the contract of employment, to which a false unity was attributed. It explains how the contract of employment came to be systematically contrasted with another contract type, that of the contract for services, arguing that this distinction has proved to be an equally false or unsatisfactory one. As a result, it has become difficult to decide whether certain employment relationships, or sets of arrangement for employment, fall into any of those contractual categories and if so which of them. The second section of the chapter suggests a set of definitions and distinctions which might provide greater clarity and coherence in the foundational aspect of the law of employment contracts. The third section demonstrates the gains in clarity of analysis which can be obtained by operating within the expanded category of personal employment contracts rather than within the traditional and narrower category which has dominated employment law.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.