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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 Contract of Employment and Collective Labour Law

The Contract of Employment and Collective Labour Law

Chapter:
(p.96) 5 The Contract of Employment and Collective Labour Law
Source:
The Contract of Employment
Author(s):

Alan Bogg

Ruth Dukes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0005

This chapter seeks to illustrate that the law of the contract of employment has been and continues to be shaped quite profoundly by collective bargaining practices and collective labour law. In doing so, it challenges directly the contrary proposition that the significance of collective bargaining to an analysis of the current law of the contract of employment lies only with the decline of the former (and consequent flowering of the latter). Reference is made at the outset to Kahn-Freund’s analysis of the law of contract of employment. Consideration is then given, in particular, to the significance of collective bargaining and collective labour law to the emergence of a standard employment relationship in the middle decades of the twentieth century, to the more recent proliferation of ‘flexible’ forms of contract, and to the repressive role of common-law doctrine in relation to individual strikers’ contracts of employment.

Keywords:   collective bargaining, collective labour law, standard employment, industrial action, Kahn-Freund

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