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The Employment Contract and the Changed World of Work

Опубликовано на портале: 16-12-2009
Aldershot: Ashgate, 2007, 198 с.
How is the contract of employment to remain relevant in the changed world of work? Stella Vettori brilliantly shows that the implied duty of good faith is the ideal vehicle for adapting the contract to changing conditions. Mr Justice A A Landman High Court of South Africa. In light of the global decline in trade unions other means of protecting legitimate worker interests are explored. These include: (i)The socialisation of the law of contract; (ii)the constitutional right to fair labour practices; and (iii)the role of good corporate governance and corporate social responsibility. The conclusion arrived at is that these alternative means of addressing legitimate worker interests could play a valuable role in filling the vacuum left by the worldwide decline of trade unions. The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.

Contents

Preface

A New Role for the Contract of Employment

Good Faith as Underlying Principle of Contract

The Bases for the Implication on Terms

Sources of Implied Terms

Fairness in the Contract of Employment

Atypical Employees

List of Statues

List of Cases

Index


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