Does the ‘Personal Employment Contract’ Provide a Basis for the Reunification of Employment Law?
Does the ‘Personal Employment Contract’ Provide a Basis for the Reunification of Employment Law?
손향미(University of Bristol Law School); DEAKIN, Simon(University of Cambridge)
13권 1호, 203~237쪽
초록
This article considers Mark Freedland’s idea, at the core of The Personal Employment Contract, that a unified body of employment law for ‘employees’ and ‘workers’ is both feasible and desirable. It discusses the origins of the division between employees and the self-employed, and considers whether the rediscovery of the worker concept in the 1990s has provided the hoped-for solution to problems concerning the coverage of employment legislation. More generally, it seeks to take up Freedland’s challenge to reconceptualise the employment relationship as a ‘personal employment contract’ covering both employees and the dependent self-employed.
Abstract
This article considers Mark Freedland’s idea, at the core of The Personal Employment Contract, that a unified body of employment law for ‘employees’ and ‘workers’ is both feasible and desirable. It discusses the origins of the division between employees and the self-employed, and considers whether the rediscovery of the worker concept in the 1990s has provided the hoped-for solution to problems concerning the coverage of employment legislation. More generally, it seeks to take up Freedland’s challenge to reconceptualise the employment relationship as a ‘personal employment contract’ covering both employees and the dependent self-employed.
- 발행기관:
- 법학연구소
- 분류:
- 기타법학