就業合同和上下文英文(ppt 41頁)

central place of contract in Er-Ee relationship
contract & labour market legal regulation
socio-econ. exchange - open-ended contract not like commercial contracts
job contracts & managerial power/authority
wider issues
delivery of “performance” & managerial competence
individual + work group control/defences
motivation + loyalty, commitment
potential for workplace disagreement
reference to statutory protections
contracts in a global context
individual is best judge of how to satisfy own-interests
job contract - freely entered into
contract (offer, acceptance, consideration) is negotiated/agreed
but not an equal balance in personal service relationship
subordination to reasonable & legitimate authority of employer
freedom of contract between consenting parties
but only in terms of individual equality before the law
equality underpinned by managerial prerogative therefore NOT equal
employee is junior partner
employer determines organisation of work and standards (reasonable)
THUS individual negotiation + freedom exists only on surface

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