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The Idea of Labour Law$
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Guy Davidov and Brian Langille

Print publication date: 2011

Print ISBN-13: 9780199693610

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199693610.001.0001

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The Legal Characterization of Personal Work Relations and the Idea of Labour Law

The Legal Characterization of Personal Work Relations and the Idea of Labour Law

Chapter:
(p.190) 12 The Legal Characterization of Personal Work Relations and the Idea of Labour Law
Source:
The Idea of Labour Law
Author(s):

Mark Freedland

Nicola Kountouris

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199693610.003.0013

The chapter reflects on the ‘changing idea of labour law’ from the analytical perspective of the legal construction of ‘personal work relations’. It begins by introducing the notion of ‘legal characterisation of personal work relations’, a process that—consciously or not—most legal systems (and legal actors within them) undertake in order to institute particular taxonomies of work relations to particular norms or set of norms. The chapter moves on to contrast existing legal taxonomies with a new set of ‘soft’ typologies, namely those of ‘secure work’, ‘autonomous or freestanding work’, and ‘precarious work’, and identifies the notion of ‘personal work profile’ as the main analytical technique through which personal work relations can be approached in their wider relational context. Finally the chapter introduces the notion of ‘personality in work’, embracing the objectives of promoting dignity, capability, and stability in the arranging and conduct of personal work relations, as a normative basis for the ‘changing idea of labour law’.

Keywords:   personal work relation, personal scope, precarious work, personal work profile, personality in work

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