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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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The Exchange Principle and the Wage-Work Bargain

The Exchange Principle and the Wage-Work Bargain

(p.52) 3 The Exchange Principle and the Wage-Work Bargain
The Contract of Employment

Mark Freedland

Simon Deakin

Oxford University Press

This chapter evokes and examines the idea of ‘the wage-work bargain’ as a key aspect of the contract of employment and a central subject of the legal regulation of that contract. This is the counterpart of the exchange principle identified in the previous chapter. The chapter discusses whether we can identify the normative conceptions of fair exchange and of the stability of work and remuneration in the law of the contract of employment’s construction of the wage-work bargain. The implications are considered for the relationship between the three core structural principles identified in the previous chapter. It is finally considered whether ‘the contract of employment’ as constructed by common law and statute provides an adequate conceptual category for the encapsulation and regulation of the spectrum of personal work relations which ought to be regarded as within the sphere of employment.

Keywords:   exchange principle, wage-work bargain, fair exchange, stability, core structural principles

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