This paper examines the impact of English and Australian unfair dismissal legislation on the common law rules which govern the termination of the employment contract. To explore this issue, the paper first outlines some general approaches to the interaction between statute law and the common...

This article analyzes the 2012 amendments to China's Labor Contract Law and their implementing regulations from the perspective of China's decades-long project of labor law reform. Integrating theories of legal recursivity and the literature on regulatory compliance, it sees the latest...

Naidu and Yuchtman (2013) find that labor demand shocks in 19th-century Britain had an impact on master and servant prosecutions, as breaking an employee contract was a criminal offense until 1875. We first reproduce all regression tables in Naidu and Yuchtman (2013) and then test for robustness...

The present chapter concerns the difference between work performed under a contract of employment and work performed under civil law contracts in Poland, or as some Western scholars often phrase it the difference between employment and self-employment. The chapter is organized as follows....

Nach dem Grundsatz «pacta sunt servanda» ermöglichen Verträge den Beteiligten das Vertrauen in den Bestand eines Leistungsversprechens. Die Zivilgerichte können jedoch in der Praxis pflichtgemäßes und vertragswidriges Verhalten nicht fehlerfrei unterscheiden. Unter Zuhilfenahme des...

We analyze the role of damage clauses in labor contracts using a model in which a worker may want to terminate his current employment relationship and work for another firm. We show that the initial parties to a contract have an incentive to stipulate excessive damage clauses, which leads to ex...

We examine how labor mobility restrictions in the form of non-compete clauses in employment contracts affect employee behavior. Using the mutual fund industry as testing laboratory, we show that fund managers respond to higher job termination costs due to increased enforceability of non-compete...

As China reformed its economy during the past 44 years, it experienced the fastest sustained expansion by a major economy in history, with an annual rate of GDP growth averaging nearly 10% from 1978 to 2018. In the past decade, however, the rate of growth has noticeably slowed, falling to just...

Are zero hours contracts lawful? This note responds to the DBIS consultation on banning exclusivity clauses (August 2014). It asks the following: what is a zero hours contract? To what extent are zero hours contracts legal? Why have zero hours contracts spread? And finally, what is the right...

This report and the model contract clauses that it contains are an effort to help companies provide legally effective and operationally likely human rights protections for workers in international supply chains. The report is the product of the Working Group to Draft Human Rights Protections in...