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The Legal Construction of Personal Work Relations$
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Mark Freedland and Nicola Kountouris

Print publication date: 2011

Print ISBN-13: 9780199551750

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199551750.001.0001

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A European Comparative Approach to the Legal Construction of Personal Work Relations

A European Comparative Approach to the Legal Construction of Personal Work Relations

Chapter:
(p.44) 2 A European Comparative Approach to the Legal Construction of Personal Work Relations
Source:
The Legal Construction of Personal Work Relations
Author(s):

Mark R. Freedland

Nicola Kountouris

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199551750.003.0003

This chapter sets out the European comparative approach to the legal construction of personal work relations, which will be tested and explored in the subsequent parts of the book. It considers, firstly, the function of the European comparative analysis of the work; secondly, the perspective from which the analysis is conducted; thirdly, the comparative method which will be followed; fourthly, the theory of institutional embeddedness which the work pursues, and the book's view that personal work contracts in general, and the contract of employment in particular, form the essential starting point though not the endpoint of this book's comparative analysis. Finally, the chapter expresses the aspiration that this comparative approach might ultimately give rise to an outcome consisting in the formulation of a common framework for the legal construction of personal work relations in European law.

Keywords:   legal construction, personal work relations, functions of comparative analysis, comparative methodology, hierarchy of sources, varieties of capitalism

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