Consent in Contracts of Employment
نویسندگان
چکیده
This article considers the problem of questionable consent in contracts employment. We suggest that context employment, should be understood as a continuum includes some level coercion and choice. show despite labour law's assumption inequality bargaining power, is still legally valid various contexts propose solutions: procedural rules increasing chance free informed consent, substantive standards restricting recognition due to public policy considerations. The ‘menu’ we put forward solutions already recognised by law (in specific contexts) also new ones. then demonstrate how proposed solutions, both substantive, can applied common where employee might into question: variation contractual terms, waiver access courts, legislated rights, waivers related human implicit status.
منابع مشابه
Gender Segregation in Employment Contracts
This paper presents evidence on gender segregation in employment contracts in 15 EU countries, using micro data from the ECHPS. Women are over-represented in part-time jobs in all countries considered, but while in northern Europe such allocation roughly reflects women’s preferences and their need to combine work with child care, in southern Europe part-time jobs are often involuntary and provi...
متن کاملWage-Employment Contracts
Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your perso...
متن کاملConsumption Commitments and Employment Contracts*
We examine an economy in which the cost of consuming some goods can be reduced by making commitments that reduce flexibility. We show that such consumption commitments can induce consumers with riskneutral underlying utility functions to be risk averse over small variations in income, but sometimes to seek risk over large variations. As a result, optimal employment contracts will smooth wages c...
متن کاملWhy Are There Explicit Contracts of Employment?
In this paper we explain the prevalence of explicit contracts of employment, particularly those that embody highrather than low-powered incentives and clauses that supersede the common law defaults. Our analysis is based on an understanding of two fundamental problems that arise when agency relationships are established between a worker and firm. The first is that agency relationships often req...
متن کاملEmployment contracts for South African doctors.
To the Editor: There has been concern about the loss of health care professionals from South Africa, and while there are multiple factors contributing to this, one of them, in my opinion, is that health care professionals work under poor employment terms and conditions. My brief experience with South African employment after a period of time in the UK led to an unfair dismissal (Commission for ...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Modern Law Review
سال: 2023
ISSN: ['0026-7961', '1468-2230']
DOI: https://doi.org/10.1111/1468-2230.12802