労働契約と労働関係

( Max 2000 Items )
URI http://shark.lib.kagawa-u.ac.jp/kuir/metadata/4220
Title
労働契約と労働関係
Title Alternative
Labour contract and labour relation
File
Description

Whether the parties concerned have a labour contract or not has been so far a dominant factor in passing judgment on a trouble arising from labour relation which is the object of the labour law. According to this theory a labour relation means a labour contract relation. That is to say, it is an obligation brought about by making a labour contract, in other words an individual relation in which the obligee and tho obligor are confronting each other. And accordingly all employment relations that are entered into without labour contract, can not be labour relations, as delineated in the labourlaw. The conclusion of the above-mentioned theory, though commonly accepted, does not coincide with practical transactions, besides there is room to suspect that it contains some logical fallacy in it. With such scepticism this monograph aims at giving a thoroughgoing self-introduction to the relation between the labour contract and the labour relation. First of all, let me assume the attitude quite contrary to the ordinary theory which starts from the labour contract, inspect the labour relation itself and crarify that the real nature of the labour relation consists in a superstructure built on gregariousness and systematism but not in individualistic obligation. Secondly, let me analyze the deed which composes the labour relation into two elements and ascertain the position the labour contract occupies in them respectively. Then we can grasp clearly that the labour contract relation is not the whole of the labour relation, but the labour contract is nothing but one concrete means to bring about a labour relation.

Author
著者 住田 始男
著者(ヨミ) スミダ モトオ
著者(別表記) Sumida Motoo
Publication Title
香川大学経済論叢
Volume
26
Issue
2
Start Page
1
End Page
24
Publisher
香川大学経済研究所
Published Date
195306
ISSN
0389-3030
NCID
AN00038281
Resource Type
Departmental Bulletin Paper
Language
jpn
Text Version
publisher
Set
香川大学
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