文档介绍：Employment
Contracts and Contexts
Objectives
central place of contract in Er-Ee relationship
contract & labour market legal regulation
socio-econ. exchange - open-ended contract not mercial contracts
job contracts & managerial power/authority
wider issues
delivery of “performance”& petence
individual + work group control/defences
motivation + loyalty, commitment
potential for workplace disagreement
reference to statutory protections
contracts in a global context
The Individual in a Labour Market
individual is best judge of how to satisfy own-interests
job contract - freely entered into
contract (offer, acceptance, consideration) is negotiated/agreed
but not an equal balance in personal service relationship
subordination to reasonable & legitimate authority of employer
freedom of contract between consenting parties
but only in terms of individual equality before the law
equality underpinned by managerial prerogative therefore NOT equal
employee is junior partner
employer anisation of work and standards (reasonable)
THUS individual negotiation + freedom exists only on surface
Offer, acceptance, consideration
intention, reasonable content, legal & genuine consent
contract of service (master-servant)
open-ended relationship
continuous or fixed-term or temporary or apprenticeship
Contrast “contract for services”(commercial contractors, self employed) precise terms of performance for each mon law and statutory duties of employer of employee
implied terms (general obligations)
since 1963 significantly shaped by statute law
control test, integration test
the “borrowed employee”?
Concept of contract
express or implied, verbal or in writing
Contract of employment is “usually concluded orally by people who rarely think out still more rarely express, any terms” 1940
subject to statutory regulation of employment relationship
Changes to the Contract?
by mutual consent?
within scope of effort-reward relationship (open -ended, master-servant)?
reasonable within employe