Towards a Comparative Theory of the Contractual Construction of Personal Work Relations in Europe |
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| Authors: | Freedland, Mark Kountouris, Nicola |
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| Affiliation: | * Professor of Employment Law, University of Oxford, email: mark.freedland{at}law.ox.ac.uk
** Lecturer in Law, University of Reading, email: n.countouris{at}reading.ac.uk. The research project from which this article stems has been made possible by the generosity of the Leverhulme Trust in granting a Major Research Fellowship to Mark Freedland for the period of the academic years 2005–08. We also wish to acknowledge the very great benefit which we have derived from having been able to exchange ideas with, and having been allowed to read before publication papers written by, Simon Deakin and Catherine Barnard, especially the former's paper, ‘The Comparative Evolution of the Employment Relationship’, since published as Ch 5 of G. Davidov and B. Langille (eds), Boundaries and Frontiers of Labour Law (Hart, 2006) and their joint paper, ‘Redefining the Employment Relationship to Counter Employer "Evasion": the UK Experience in a Comparative Perspective’ (LSA Conference, Berlin, July 2007; an Italian language version is forthcoming in Lavoro e Diritto in the course of 2008) |
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| Abstract: | This article seeks to build upon the earlier article Fromthe Contract of Employment to the Personal Work Nexus(2006) 35 ILJ 1, and further to substantiate the theoreticalbasis for our work on the European comparative law of personalwork contracts. Two associated but distinct hypotheses are presented;the first one concerns institutions and exploresthe ways in which the contract of employment has become andbeen a central institution of European labour or employmentlaw systems, but an institution differently constructed anddisplaying normative diversity as between those different systems.The second hypothesis postulates a contrast in juridical methodologyas between English common-law-based systems and continentalEuropean civil-law-based systems, the former being characterisedby a regulated self-designed contracts approach,and the latter by a standardised contract typologyapproach. In conclusion, these two hypotheses are integratedinto a composite tentative comparative theory, which, we argue,can usefully be related to the theoretical discourse about thevarieties of capitalism in Europe. |
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