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The Common Law Employment Relationship

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

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.
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Chapter 2: Development and character of the contract of employment

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

This chapter explains how and why the contract of employment achieved the pre-eminent position it occupies in modern employment law, including its role in delivering aspects of social justice such as a minimum floor of employment conditions. This development primarily involved the legal creation of that ubiquitous concept of modern labour law – the ‘employee’. Individuals can perform work through a wide variety of arrangements, but the consequence of doing so as an employee brings into play a largely unique set of legal rules defining the rights and obligations of that employment status. Keywords comparative employment law, employee, contract of employment, history, role and function

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