Towards a comparative theory of the contractual construction of personal work relations in Europe

Abstract

This article seeks to build upon the earlier article 'From the Contract of Employment to the Personal Work Nexus' (2006) 35 ILJ 1, and further to substantiate the theoretical basis for our work on the European comparative law of personal work contracts. Two associated but distinct hypotheses are presented; the first one concerns 'institutions' and explores the ways in which the contract of employment has become and been a central institution of European labour or employment law systems, but an institution differently constructed and displaying normative diversity as between those different systems. The second hypothesis postulates a contrast in juridical methodology as between English common-law-based systems and continental European civil-law-based systems, the former being characterised by a 'regulated self-designed contracts' approach, and the latter by a 'standardised contract typology' approach. In conclusion, these two hypotheses are integrated into a composite tentative comparative theory, which, we argue, can usefully be related to the theoretical discourse about the 'varieties of capitalism' in Europe. © Industrial Law Society; all rights reserved.