p a r t v, c h a p t e r 11 326 This study started from the fact that contemporary labour law in manyWestern countries has several features in common.The employment relationship is separated from other contracts of private law and central terms are to a far wider extent determined in advance by legislation, collective agreements and general principles of law. Despite an apparent freedom of contract, the transition from status to contract was never completed. Instead, the contractual model simply underlined the employer’s actual power and legal right to change the conditions of how, where and when the other party should fulfil his or her obligations. Thus, the worker’s duty of obedience marks a prerequisite and, at the same time, a consequence of the employment relationship. Moreover, an important part of labour law rules has not been “This all but universal illusion is one of the examples of the magical influence of custom, which is not only, as the proverb says, a second nature but is continually mistaken for the first. The effect of custom, in preventing any misgiving respecting the rules of conduct which mankind impose on one another, is all the more complete because the subject is one on which is not generally considered necessary that reasons should be given, either by one person to others or by each to himself.”605 605 Mill 1859/1985, p. 64. part v, chapter 11 Continuity and Contract 11 the eme rgence of a doctrine
RkJQdWJsaXNoZXIy MjYyNDk=