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The Legal Construction of Personal Work Relations$
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Mark Freedland and Nicola Kountouris

Print publication date: 2011

Print ISBN-13: 9780199551750

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199551750.001.0001

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Personal Work Contracts Other Than the Contract of Employment

Personal Work Contracts Other Than the Contract of Employment

(p.266) (p.267) 7 Personal Work Contracts Other Than the Contract of Employment
The Legal Construction of Personal Work Relations

Mark R. Freedland

Nicola Kountouris

Oxford University Press

This chapter explores the category of personal work contracts which lie beyond the contract of employment — or, to be more precise, which lie at the margins of and beyond the contract of employment. It begins by arguing that this category is, to a singular extent which is revealed by European comparative analysis, an evolving and mutating one. Having identified the category as an essentially elusive one, it proceeds to consider whether the contracts which fall within it can be regarded as being regulated in ways which are analogous to the modes of regulation of employment contracts that were considered in the preceding chapters. Thus, the chapter successively considers the regulation of the formation and structure of these contracts, their content and performance, and their termination and transformation.

Keywords:   personal work contracts, contracts for services, commercial agents, quasi-subordinate work, economically dependent work, family of contracts, personal task contract

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