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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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Contract, Relation, and Nexus in the Legal Construction of Personal Work Relations

Contract, Relation, and Nexus in the Legal Construction of Personal Work Relations

Chapter:
(p.309) 8 Contract, Relation, and Nexus in 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/9780199551750.003.0009

This chapter attempts to propose an approach to the legal constructions of personal work relations which departs from the narrower contractual one discussed in the earlier chapters of the work, and which would address the difficulties and shortcomings brought to the fore by that earlier analysis. This approach is set forth and explained in two stages. At the first stage, the ideas of ‘the personal work relation’ and ‘the personal work nexus’ are developed as generic concepts, and it is suggested that these concepts provide the foundational elements for an analysis of the legal construction of personal work relations which transcends the restrictions of the existing contractual construction of most such relations. At the second stage, it is shown how those concepts can be applied in specific personal work situations; for this purpose, the theory of layered regulation which was introduced earlier in Chapter 3 is further developed.

Keywords:   personal work nexus, personal work relation, normative characterisation, single contract

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