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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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The Legal Construction of Personal Work Relations as Contracts

The Legal Construction of Personal Work Relations as Contracts

Chapter:
(p.82) (p.83) 3 The Legal Construction of Personal Work Relations as Contracts
Source:
The Legal Construction of Personal Work Relations
Author(s):

Mark R. Freedland

Nicola Kountouris

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199551750.003.0004

This chapter is the first chapter of Part II and it begins by framing ‘the law of personal work contracts’, as a necessary precursor to the study of the law of personal work relations, which follows in Part III. It begins by defining the notion of ‘the law of personal work contracts’ and the elements of contractuality and individuality that characterise it. It then sets out the hypothesis that the law of personal work relations may be a case of layered regulation and discusses how the different layers operate and interact in different jurisdictions. The central and final parts of the chapter are concerned with explaining the role of the contract of employment — and the ubiquitous binary divide between contract of employment and personal contract for services — within the broader law of personal work contracts, and discusses it both as an object and as a source of regulation.

Keywords:   contract of employment, contractuality, individuality, layered regulation, binary divide

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