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The Future of the Employment Contract

The Future of the Employment Contract
Author: Brodie, Douglas
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2021-07-31
Genre: Law
ISBN: 178347968X

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This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.


The Employment Contract and the Changed World of Work

The Employment Contract and the Changed World of Work
Author: Stella Vettori
Publisher: CRC Press
Total Pages: 237
Release: 2016-03-23
Genre: Social Science
ISBN: 1317034201

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The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.


The Employment Contract

The Employment Contract
Author: Douglas Brodie
Publisher: Employment Law Practice
Total Pages: 0
Release: 2005
Genre: Law
ISBN: 9780199269662

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The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance ofimplied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to thepractitioner and the academic.


How New is the "New Employment Contract"?

How New is the
Author:
Publisher: W.E. Upjohn Institute
Total Pages: 260
Release: 2002
Genre: Business & Economics
ISBN: 0880992328

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Topics covered include theories and changes of labour markets, wage structures, job characteristics, skills and wages, pay flexibility.


The New Employment Contract

The New Employment Contract
Author: Patricia Leighton
Publisher:
Total Pages: 280
Release: 1995
Genre: Law
ISBN:

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This ground-breaking text for managers, personnel professionals and students is the first to bring together the creative detail of employment contract law with the wider agendas of modern management and EU influences. Contracts in their various forms are the key item that underpins all employment relationships and the capability to anticipate and endure change as well as avoiding disputes. If disputes arise the well crafted and well managed contract might itself provide the solution. The book analyses the way contracts are drafted and managed. It explores the way in which contracts can be used effectively to translate and reflect organizational policies and respond to external imperatives, especially often fast moving employment law itself. It deals with many of the practical issues facing managers - flexible contracts, managing employee performance, dealing with misconduct and ending contracts effectively.


Regulation of Fixed-term Employment Contracts

Regulation of Fixed-term Employment Contracts
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 226
Release: 2010-01-01
Genre: Law
ISBN: 9041133569

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In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - details the regulatory approaches to fixed-term contracts in major industrial jurisdictions in Asia and Europe, providing an opportunity to explore normative directions for labour law and policy in the age of a diversified workforce. Nine Knowledgeable and experienced contributors describe and analyse the legal status of fixed-term employment contracts (including relevant case law) in Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan. Each author takes into account evaluations from scholars, policymakers, and stakeholders to his or her country's regulatory approach to fixed-term employment contracts, revealing an array of responses ranging from a view that such contracts enhance employment opportunities in society to advocating suppression of their use as inherently abusive and discriminatory. The combined effect of these nine essays is to greatly increase our awareness of the nature of fixed-term employment contracts, from their fundamental value as social policy instruments to their inextricable connection with the law of dismissal. The book sets the stage for deeper and more firmly grounded work that promises to elucidate the underlying pattern of a new employer-employee relationship emerging on a worldwide scale.


Shaping the Future of Work

Shaping the Future of Work
Author: Thomas A. Kochan
Publisher: Routledge
Total Pages: 234
Release: 2020-11-24
Genre: Business & Economics
ISBN: 1000206742

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This book provides a clear roadmap for the roles workers and leaders in business, labor, education, and government must play in building a new social contract for all to prosper. It is a call to action for a collaborative effort to develop both high-quality jobs and strong, successful businesses while simultaneously overcoming the deep social and economic divisions that are all too apparent in society today. Written by two leading and trusted experts in the field of employment and work from MIT and Cornell University, this book is a practical, action-oriented guide. Readers will feel empowered to take actions needed to shape a better future of work for themselves, their employees, their co-workers, and others they may represent. It emphasizes the need to fix America's broken social contract and reimagine a new one. The most important message of this book is that we have the ability to shape the work of the future by harnessing the power of new technologies. The book is essential reading for business executives, labor leaders and workforce advocates, government policy makers, politicians, and anyone who is interested in using emerging knowledge and technologies to drive innovation, creating high-quality jobs, and shaping a more broadly shared prosperity.


Freelancing Expertise

Freelancing Expertise
Author: Debra Osnowitz
Publisher: Cornell University Press
Total Pages: 272
Release: 2010-10-15
Genre: Business & Economics
ISBN: 0801460387

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Contract work is more important than ever—for better or for worse, depending on one's perspective. The security once implied by a full-time job with a stable employer is becoming rarer, thereby erasing one of the major distinctions between "freelance work" and a "steady gig." Why hang on to a regular job for the sake of security if security can no longer be assumed? Instead, contractors, hired temporarily for specific knowledge and skills, market their expertise as they move from project to project. Even though their employment is precarious, a great many consider freelancing preferable to holding a "regular" job: the control they feel over their time and careers is well worth the risks that come with relatively uncertain cash flow. Freelancing Expertise is a qualitative study of decision making, work practices, and occupational processes among writers and editors who work in print and Web communications and programmers and engineers who work in software and systems development. Debra Osnowitz conducted sixty-eight extended interviews with representatives of both groups and twelve interviews with managers and recruiters, observed four different work settings in which contractors work alongside employees, and monitored blogs and online discussions among contractors. As a result, she provides a unique and sensitive assessment of a cultural shift in occupations and organizations. Osnowitz calls for a reconfiguration of the employer/employee relationship that accepts more variation and flexibility: just as "freelancing" has, over time, taken on many traits considered characteristic of traditional career paths, so might regular jobs make themselves more appealing to today's workforce by mimicking some of the positive aspects of transactions between clients and contract workers.


Rethinking Workplace Regulation

Rethinking Workplace Regulation
Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
Total Pages: 438
Release: 2013-02-14
Genre: Business & Economics
ISBN: 1610448030

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During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.


Psychological Contracts in Organizations

Psychological Contracts in Organizations
Author: Denise Rousseau
Publisher: SAGE
Total Pages: 264
Release: 1995-05-18
Genre: Business & Economics
ISBN: 9780803971059

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Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.