The Employment Contract and the Changed World of Work

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 of terms; Sources of implied terms; Fairness in the contract of employment; Atypical employees; List of statutes; List of cases; Index.