労働契約と労働関係

( 最大 2000 件 )
URI http://shark.lib.kagawa-u.ac.jp/kuir/metadata/4220
タイトル
労働契約と労働関係
タイトル(別表記)
Labour contract and labour relation
ファイル
内容記述

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.

著者
著者 住田 始男
著者(ヨミ) スミダ モトオ
著者(別表記) Sumida Motoo
掲載誌
香川大学経済論叢
26
2
開始ページ
1
終了ページ
24
出版者
香川大学経済研究所
出版年月日
195306
ISSN
0389-3030
NCID
AN00038281
資料タイプ
紀要論文
言語
日本語
出版社版
区分
香川大学
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