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The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.
McCallum's Top Workplace Relations Cases was previously published by CCH Australia.Destined to be a classic, this title by renowned IR authority Professor Ron McCallum examines the facts, the reasoning and the holdings in 35 decisions, graphically illustrating how labour law, and especially the employment relationship, really works in Australia. The book covers:Rules governing when a worker is an employee or contractor;Sources of labour and employment law, Awards, agreements, statutes;Incorporation of material into employment contracts;Duties placed on employees and employers including the ownership of intellectual property and mutual trust and confidence;Matters beyond employment simplicities, such as working from home; andTermination of employment, including notice and the nature of unfair dismissal.
This book presents an overview of the economic, political and social forces that shaped contemporary employment relations practices in the United States.
During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
A guide to employment law. One of the most rapidly evolving areas of law involves individual employment rights. Individual employment rights has no clearly defined boundary. It encompasses a multitude of employment statutes and court decisions. It finds its support in constitutional law and has developed as part of specialized employment law areas involving record keeping and disclosure, labor relations, health and safety, labor standards, fair employment practices. This book consolidates these fragmented individual employment rights into a centralized reference source.
This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other personal employment contracts", a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the "employing enterprise", the bilateral structure ofemployment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination."
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.