2004 Fiscal Year Final Research Report Summary
Contract of employment, contract for service and other service providing contracts
| Project/Area Number |
14520073
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Ryutsukeizai University |
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Principal Investigator |
KAMATA Koichi Ryutsu keizai University, Department of Law, professor, 法学部, 教授 (30204605)
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| Co-Investigator(Kenkyū-buntansha) |
MUKAIDA Masami Kyushu International University, Faculty of Law, Assistant Professor., 法学部, 助教授 (20341480)
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| Project Period (FY) |
2002 – 2004
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| Keywords | contract of employment / contract for service / commissioned worker / employee / freedom of contract / the service providing contracts / modern employment contract law / present-day employment contract law |
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| Research Abstract |
Part1: Contract workers and the legal relationship
The author discussed issues surrounding "commissioned worker" who provide labour, in a self-managed form, to another person or company which commissions them, as well as issues pertaining to "contract workers" who are dispatched from a company, on a contract basis, to another company which has made a request for workers. The main points discussed are; (a) the type of legal protection that needs to be established for commissioned workers who are denied the status of "employee", (b) the type of categorization among 1. contract of employment, 2.contract for servise, 3. other service providing contracts, (c) the legal relationship that exists between 1) a contract worker and the party who uses his/her labour or service.
Part2: The service providing contracts
In this article, author discussed in the first place, the freedom of contract in modern contract law and in modern employment contract law. In this place, author discussed the modern capitalism as the reason of the formation of the freedom of contract. In the second place, author discussed the freedom and subordination in the service providing contracts other than the modern employment contract. In this place, author discussed the difficulty of categorization of the service providing contracts and the reason of it. In the third place, author discussed "worker" and "employee" in the present-day employment contract law and labour law. In this place, author discussed the monopoly capitalism as the reason of the formation of the present-day employment contract law and labour law. In the forth place, author discussed the service providing contracts other than the present-day employment contract, which is made by the person who is not "worker" or "employee"
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