The Contract of Employment: A Study in Legal Evolution
AbstractThis paper reconstructs the evolutionary path of the contract of employmentin English law. It demonstrates that the contract of employment is a more recent innovation than widely thought, and that its essential features owe as much to legislation as they do to the common law of contract. The master-servant model of the nineteenth century was only displaced by the modern contract of employment as a result of twentieth century social legislation and collective bargaining. The paper discusses present-day mutations in the legal form of employment in the light of this analysis.
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Bibliographic InfoPaper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp203.
Date of creation: Jun 2001
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Web page: http://www.cbr.cam.ac.uk/
contract of employment; poor law; mater and servant; collective bargaining; welfare state; legal evolution; path dependence;
Find related papers by JEL classification:
- J53 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Labor-Management Relations; Industrial Jurisprudence
- J41 - Labor and Demographic Economics - - Particular Labor Markets - - - Labor Contracts
- K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
- J38 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Public Policy
This paper has been announced in the following NEP Reports:
- NEP-ALL-2002-04-25 (All new papers)
- NEP-ENT-2002-04-03 (Entrepreneurship)
- NEP-LAW-2002-04-25 (Law & Economics)
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- Cok, Mitja & Domadenik, Polona & Redek, Tjasa & Verbic, Miroslav, 2008.
"Labour Market Reforms in the Context of Political Power Theory: The Case of Slovenia,"
25524, University Library of Munich, Germany.
- Mitja Cok & Polona Domadenik & Tjasa Redek & Miroslav Verbic, 2009. "Labour market reforms in the context of political power theory: The case of Slovenia," Zbornik radova Ekonomskog fakulteta u Rijeci/Proceedings of Rijeka Faculty of Economics, University of Rijeka, Faculty of Economics, vol. 27(1), pages 57-82.
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