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Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.
How can we understand the relationship between employer and employee? What determines the give and take of such relationships and what happens when they go wrong? This text is a comprehensive overview of what is now the major way of trying to understand the employment relationship - the concept of the psychological contract.
This learning contract lesson allows learners to work at their own paces in a flexible learning environment. Written specifically for mathematics teachers, this lesson helps facilitate the understanding and process of writing learning contracts.
The contributors provide critical accounts of the transformation of work and employment during the final quarter of the twentieth century. They draw on their own and others' current research to identify the origins and consequences of these developments and illustrate their impact on society, organizations, individuals and communities. Wide-ranging reviews of changes in labour markets and employment practices provide the context for detailed studies, including the 'feminization' of work, informal working, responses to unemployment, organizational culture, and Total Quality Management.
The psychological contract is considered a critical construct in organizational behavior literature because it informs employee emotions, attitudes, and behaviors in the workplace. Although the psychological contract has been explored extensively over the last 50 years, numerous theoretical, conceptual, empirical, methodological, and analytical changes have pushed the field forward. As such, it is time to take stock and move forward. The contributors to this Handbook explore in detail this important component of modern management thinking.
This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.
Staffan Kumlin and Isabelle Stadelmann-Steffen bring together political scientists and sociologists from different and frequently separated research communities to examine policy feedback in European welfare states. In doing so, they offer a rich menu
Australian businesses operate within a complex legal environment, so it's important students and professionals understand their legal obligations. Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible to business students, while maintaining academic rigour. Written for business students new to studying business law, this text introduces the fundamental legal topics encountered in business, including contracts, business structures, taxation, property and employment. Discussion in each chapter strikes a balance between accessibility and detail to assist understanding of these complex legal issues. A hypothetical scenario running through each chapter scaffolds learning and provides relevant real-world examples of the law in practice. Each chapter includes margin definitions, case boxes that guide students through landmark business law cases, and practice problems that test students' ability to apply their knowledge to realistic situations. Written by experts, Contemporary Australian Business Law is an essential introduction to the Australian legal system for business students.
Work and family concerns are increasingly on the radar of colleges and universities. These concerns emerge out of workplace norms suggesting that for employees and students to be successful, they must be “ideal workers”. This volume explores work norms in higher education, focusing on the ways that employees and students interpret and experience ideal worker expectations in light of family responsibilities. Chapters address how the ideal worker norms vary for tenured and non-tenure track faculty, administrators, undergraduate and graduate students, and offers recommendations for modifying work norms to promote work-family balance for all constituents. This is the 176th volume of the Jossey-Bass quarterly report series New Directions for Higher Education. Addressed to presidents, vice presidents, deans, and other higher education decision makers on all kinds of campuses, it provides timely information and authoritative advice about major issues and administrative problems confronting every institution.
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.