The Contract of Employment

Hardcover | June 25, 2016

EditorMark Freedland, Alan Bogg, David Cabrelli

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The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues toprovide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in thecommon law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety oftheoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, theinteraction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally andinternationally.

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The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues toprovide a contractual structure for the terms...

Mark Freedland is Emeritus Professor of Employment Law at the University of Oxford and St John's College Oxford. Alan Bogg is Professor of Labour Law at the University of Oxford and Hertford College Oxford. David Cabrelli is Senior Lecturer in Commercial Law at the University of Edinburgh. Hugh Collins is Vinerian Professor of English ...

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Format:HardcoverDimensions:688 pages, 9.69 × 6.73 × 0.01 inPublished:June 25, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198783167

ISBN - 13:9780198783169

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Table of Contents

PART I. THE GENERAL PART - STRUCTURES AND THEMES1. Mark Freedland: General Introduction2. Mark Freedland: The Legal Structure of the Contract of Employment3. Mark Freedland and Simon Deakin: The Exchange Principle and the Wage-Work Bargain4. A.C.L. Davies: The Relationship between the Contract of Employment and Statute5. Alan Bogg and Ruth Dukes: The Contract of Employment and Collective Labour Law6. Douglas Brodie: The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract7. Douglas Brodie: Relational Contracts8. Lizzie Barmes: The Contract of Employment and the Remedial Dimension9. Hugh Collins and Virginia Mantouvalou: Human Rights and the Contract of Employment10. Einat Albin and Jeremias Prassl: Fragmenting Work, Fragmented Regulation: The Contract of Employment as a Driver of Social Exclusion11. Sandra Fredman and Judy Fudge: The Contract of Employment and Gendered Work12. Wanjiru Njoya: The Contract of Employment, Corporate Law, and Labour Income13. Joellen Riley: Developments in Contract of Employment Jurisprudence in Other Common Law Jurisdictions: A Study of Australia14. Claire Mumme: A Comparative Reflection from Canada: A Good Faith PerspectivePART II. THE SPECIFIC PART - AREAS AND DOCTRINES15. Joellen Riley: The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations16. Jeremias Prassl and Einat Albin: Employees, Employers, and Beyond: Identifying the Parties to the Contract of Employment17. Nicola Countouris: The Contract of Employment as an Expression of Continuing Obligations18. Simon Deakin: Formation of the Contract of Employment19. Alan Bogg: Illegality, Public Policy, and the Contract of Employment20. A.C.L. Davies: Terms Inserted into the Contract of Employment by Legislation21. Astrid Sanders: The Content of Contracts of Employment: Terms Incorporated from Collective Agreements or from Other Sources22. Hugh Collins: Implied Terms in the Contract of Employment23. Nicola Countouris and Astrid Sanders: Variation and Suspension of the Contract of Employment and its Terms24. David Cabrelli: Duration, Lawful Termination, and Frustration of the Employment Contract25. Alan Bogg and Mark Freedland: The Wrongful Termination of the Contract of Employment26. David Cabrelli: The Effect of Termination upon Post-Employment Obligations27. Jeremias Prassl: Intellectual Property and the Contract of Employment28. Lizzie Barmes: Remedies for Breach and Wrongful Dismissal29. Louise Merrett: The Contract of Employment in its International and European Law Setting