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.
Table of Contents
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.
Stella Vettori is Associate Professor at the Department of Mercantile Law, University of Pretoria, South Africa.
'How is the contract of employment to remain relevant in the changed world of work? Stella Vettori brilliantly shows that the implied duty of good faith is the ideal vehicle for adapting the contract to changing conditions.' Mr Justice A A Landman, High Court of South Africa