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.

This volume analyses the issues surrounding employment today and explores the challenges that lie at the heart of the workplace. This second edition has been thoroughly revised and updated

This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.

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.

Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: * response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; 'flexicurity' and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.

"This book addresses the transformations which have occurred in employment arrangements and practices in the Australian public sector over the past decade, the changes in responsibilities and accountability through employment contracts, whistleblower legislation and partnerships between government and the private sector, and provides a comparative context through studies of reconstruction of the public service in the United Kingdom and New Zealand. Themes of contractualisation, privatisation and outsourcing are explored and critically examined, as well as influences of the industrial relations legislative framework including the Work Choices legislation."--Provided by publisher.

Business Organizations, Second Edition is a pedagogically rich book that recaptures student engagement in the course without sacrificing basic rigor. The traditional coverage of most books in the field is retained, but modernized in reflecting the importance of unincorporated entities and small business counseling problems. Transaction-oriented problems put the student in the practice role of advising a variety of businesses. An expository approach provides clear context for cases. Features include flowcharts, connections boxes, self-testing exercises, an interspersed series of exercises on ethics for business lawyers, a glossary of terms, and sidebars on numerical concepts and skills. Through the use of side-bar explanations or otherwise, the chapters or major sections of chapters in the book stand alone, facilitating teaching in almost any order. An online supplement includes a “business concepts for lawyers” module to be assigned as an instructor desires, as well as a variety of sample documents to show students the actual materials that lawyers work with every day. New to the Second Edition: Major revisions to incorporate important statutory modifications: Book-wide revisions to incorporate 2016 Model Business Corporations Act amendments Book-wide revisions to incorporate amendments to the Revised Uniform Partnership Act and amendments to several other ALI model statutes for unincorporated entities, including the revisions made under the ALI’s “harmonization project” Revisions to reflect significant changes in the exemptions from registration under the Securities Act of 1933 Updates to reflect the 2017 Tax Cuts and Jobs Act New cases, including Alexander v. FedEx and O’Connor v. Uber (dealing with the agency relationship of delivery companies and their drivers); Browning-Ferris Indus. (addressing the possibility of joint-employer status in situations involving temp agencies); and Salman v. U.S. (new decision of the Supreme Court having to do with insider trading) Newly written substantive materials, including an entirely new section on the “gig” economy, added to Ch. 4; and new material on the ability of shareholders to adopt bylaws affecting the management of business Shorter cases to bring down page length and respond to adopter requests Improved integration of the text and its online companion material Professors and students will benefit from: Modularity—achieved by keeping chapters short and self-contained—so that the book can be adapted to professors’ different priorities Substantial material provided for free in an online supplement, to reduce overall student costs, including: A set of complete edited codes to support all readings in the casebook; and A module comprising a “business concepts for lawyers” guide, covering tax, accounting, financial and economic topics keyed directly to the book. Detailed, problem-focused treatment of unincorporated entity issues and special transactional problems in counseling small businesses Visual and pedagogical elements (including teaching and learning aids such as flow-charts and self-testing devices) that are designed to engage a generation of students and teachers accustomed to variety and visual appeal Special cross-referencing aids to emphasize connections among related topics An expository approach providing clear context for the traditional case material that also appears Easy-to-digest sidebar content intended to develop student numeracy strength in tax, accounting and other relevant concepts

The absolute package for students of employment law, this rigorous treatment - which includes extracts from key cases and source materials - uses a running case study to contextualize the law and actively encourages critical thinking.