The Employment Contract as an Exclusionary Device

The employment contract has, in a relatively short time, developed into the atom of the normative structuralization of labour relations. In this book it is analysed from the perspective of inclusion and exclusion (as to its form, its content, and the working persons to be covered). To those interested in recent developments in labour law, and the often contested regulation of its adjoining fields, the book offers a careful analysis of developments in The Netherlands. Its application of a perspective of exclusion and inclusion makes, however, the thrust of the book much wider.
Auteur(s):
Robert Knegt
Reeks:
Social Europe Series
Volume:
16
boek | verschenen | 1e editie
mei 2008 | xi + 222 blz.

Paperback
€ 55,-


ISBN 9789050958059


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The employment contract has, in a relatively short time, developed into the atom of the normative structuralization of labour relations. Its basic form may be simple, directed at restricting the scope of respective commitments to the exchange of labour for money. But the employment contract has meanwhile been developing into a junction of ever more complicated normative arrangements, thereby absorbing all kinds of matter that were initially left out of its scope. It has become a ‘heavy’ legal form, in particular because welfare states have used the employment contract as a point of application for socio-economic policies.
Is the employment contract being overloaded? Are there significant changes in what matter is being excluded from, and what is being included in the employment relation?
In this book the employment contract is analysed from the perspective of inclusion and exclusion (as to its form, its content, and the working persons to be covered). The first part of the book contains an introduction to this perspective, to the history of the labour contract, and to developments in labour law in The Netherlands. In part two, the perspective is applied to four fields of regulation that are linked to the employment contract (regarding sickness, care, training and pensions), on the basis of an analysis of developments in the Netherlands during the last 25 years. The book contrasts them with developments in other European countries and relates them to international law. In the final part of the book the authors try to determine to what extent the employment contract is (still) an adequate device for regulating labour relations.
To those interested in recent developments in labour law, and the often contested regulation of its adjoining fields, the book offers a careful analysis of developments in The Netherlands. Its application of a perspective of exclusion and inclusion makes, however, the thrust of the book much wider.


About this book:
'[...] an important and valuable sourcebook...'
Beata Nacsa in the European Journal of Social Security 2008 (409).

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Table of contents (p. 0)

PART I. THE EMPLOYMENT CONTRACT AS AN EXCLUSIONARY DEVICE

CHAPTER 1. THE EMPLOYMENT CONTRACT AS AN EXCLUSIONARY DEVICE (p. 1)

CHAPTER 2. REGULATION OF LABOUR RELATIONS AND THE DEVELOPMENT OF EMPLOYMENT (p. 13)

CHAPTER 3. THE EMPLOYMENT CONTRACT AS A SOURCE OF CONCERN (p. 47)

PART II. CAPITA SELECTA

CHAPTER 4. SICKNESS AND DISABILITY: GOING DUTCH AS A CURE FOR A ‘DUTCH DISEASE’ (p. 75)

CHAPTER 5. FROM BREADWINNER TO EMPLOYEE WITH CARE DUTIES: THE CONSEQUENCES OF A CHANGE IN PARADIGMS (p. 101)

CHAPTER 6. THE EMPLOYMENT CONTRACT AND VOCATIONAL EDUCATION AND TRAINING (p. 127)

CHAPTER 7. EMPLOYMENT CONTRACTS AND PENSIONS (p. 159)

PART III. CONCLUSIONS

CHAPTER 8. THE EMPLOYMENT CONTRACT AS AN INCLUSIONARY AND EXCLUSIONARY DEVICE (p. 185)

BIBLIOGRAPHY (p. 203)

ABOUT THE AUTHORS (p. 221)

Over de reeks

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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