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Content and Construction

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0004
Subject:
Law, Company and Commercial Law

This chapter seeks to complete the analysis of the identity, nature, and main attributes of personal work or employment contracts by considering how, in the law of personal work or employment ... More


The Personal Employment Contract

Mark Freedland

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.001.0001
Subject:
Law, Company and Commercial Law

This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual ... More


Towards a Flexible Labour Market: Labour Legislation and Regulation since the 1990s

Paul Davies and Mark Freedland

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217878
eISBN:
9780191712326
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217878.001.0001
Subject:
Law, Employment Law

This book deals with the development of employment legislation and policy in the United Kingdom during the period from the early 1990s until 2006. The core of the work consists of a critical analysis ... More


Transformation and Transfer

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0010
Subject:
Law, Company and Commercial Law

This chapter discusses the category of transformation. The first section considers the topic of transformation and its relation to those of formation and termination, in terms of an underlying notion ... More


Variation

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0006
Subject:
Law, Company and Commercial Law

This chapter considers the way in which the idea of variation is formulated and treated within the law of personal work or employment contracts, and how the treatment of variation fits into the ... More


Wrongful Termination by the Employing Entity

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0008
Subject:
Law, Company and Commercial Law

This chapter argues that the association between the unrestricted notice rule and the remedial approach to wrongful dismissal is crucial to the understanding of the whole of the law of termination of ... More


EMPLOYMENT

Mark Freedland

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0015
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the private law of employment. It covers the definition, sources, and scope of the English private law of employment; the formation and content of work relationships; and the ... More


Introduction: From the Contract of Employment to the Personal Employment Contract—Expansion and Restatement

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0001
Subject:
Law, Company and Commercial Law

This introductory chapter describes the scope of the book and the method of analysis used. It identifies the differences between the present volume and the original work. It also considers the ... More


Blurring the Boundaries to the Employment Relationship: From Single to Multi-Employer Relationships

Jill Rubery, Jill Earnshaw, and Mick Marchington

in Fragmenting Work: Blurring Organizational Boundaries and Disordering Hierarchies

Published in print:
2004
Published Online:
October 2011
ISBN:
9780199262236
eISBN:
9780191698859
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199262236.003.0003
Subject:
Business and Management, HRM / IR, Organization Studies

Debates about the changing nature of work and the prospects for the retention of the so-called standard employment relationship have become more widespread recently. This literature has focused to ... More


Employment Law

Mark Freedland

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0013
Subject:
Law, Comparative Law

This chapter suggests that French employment law has recently entered an acute phase of rapid and probably quite fundamental change; it is felt that nothing less than un bouleversement (a complete ... More


Conclusion—A New Way Found?

Paul Davies and Mark Freedland

in Towards a Flexible Labour Market: Labour Legislation and Regulation since the 1990s

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217878
eISBN:
9780191712326
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217878.003.0005
Subject:
Law, Employment Law

This chapter does three things. First, it compares the British approach to labour market regulation with the approaches of the OECD, on the one hand, and the European Community, on the other. Second, ... More


Diffusion and Predominance of Employment Rules

David Marsden

in A Theory of Employment Systems: Micro-Foundations of Societal Diversity

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294221
eISBN:
9780191596612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294220.003.0003
Subject:
Economics and Finance, Macro- and Monetary Economics

The diffusion of employment rules is analysed as an evolutionarily stable strategy. The primary mechanism is that once a particular rule begins to dominate in a sector, it makes sense for others to ... More


European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order

Nicole Busby

in A Right to Care?: Unpaid Work in European Employment Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579020
eISBN:
9780191725296
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579020.003.0005
Subject:
Law, Employment Law

This chapter considers the ‘fit’ of the proposed right to care within the pre-existing EU legal and policy framework. The appropriate body of law and policy aimed at reconciling personal and ... More


The Modern Liberal Regulatory Agenda

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0004
Subject:
Philosophy, Political Philosophy

This chapter identifies what is called “the modern liberal regulatory agenda,” which consists of the various regulatory regimes that modern liberals favor and classical liberals oppose. The first ... More


Towards a Codification of Personal Work Contracts—Relation and Contract in Employment Law

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0011
Subject:
Law, Company and Commercial Law

This chapter argues that the expansion and restatement of the law of the contract of employment is a feasible and useful project. However, the complete execution of it would consist of an ... More


Freedom of Speech and Employment

Lucy Vickers

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198268307
eISBN:
9780191683497
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268307.001.0001
Subject:
Law, Company and Commercial Law

This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees ... More


Regulatory Public Goods

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0006
Subject:
Philosophy, Political Philosophy

Conceiving of the ends of the modern liberal regulatory agenda as public goods is a more promising approach than it might first appear, but in the end, it too does not succeed. This chapter ... More


Complementary Approaches: Japanese Disability and Employment Law

Ryoko Sakuraba

in Disability and Equity at Work

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199981212
eISBN:
9780199358007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981212.003.0014
Subject:
Public Health and Epidemiology, Public Health

In Japan, positive discrimination toward people with disabilities exists. Public and private bodies are legally obliged to employ a certain number of people with disabilities (employment quotas). ... More


The Role and Functioning of Public-Interest Legal Organizations in the Enforcement of the Employment Laws

Christine Jolls

in Emerging Labor Market Institutions for the Twenty-First Century

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226261577
eISBN:
9780226261812
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226261812.003.0005
Subject:
Economics and Finance, Public and Welfare

The American legal system affords a significant array of protections to employees. Although most workers in the United States do not enjoy a general right to be dismissed only for cause—a right ... More


Conclusions: Solving the Unpaid Care/Paid Work Conflict

Nicole Busby

in A Right to Care?: Unpaid Work in European Employment Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579020
eISBN:
9780191725296
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579020.003.0007
Subject:
Law, Employment Law

The book concludes that there is scope for developing a legislative right to care in European employment law. This is because, although the right is already authorised by a range of constitutional, ... More


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