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The Personal Employment Contract$
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Mark Freedland

Print publication date: 2005

Print ISBN-13: 9780199298631

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199298631.001.0001

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Definition and Personal Structure

Definition and Personal Structure

Chapter:
(p.13) 1 Definition and Personal Structure
Source:
The Personal Employment Contract
Author(s):

MARK R. FREEDLAND FBA

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199298631.003.0002

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.

Keywords:   contract of employment, personal employment contracts, contract for services, employment relationships

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