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单词 mutuality of obligation
释义

mutuality of obligation
The corresponding obligations for an employer to provide work and for the employee to accept it. Mutuality of obligation is often described as the essential core of a contract of employment, together with an implied term of mutual trust and confidence, without which the employment relationship would fail (Montgomery v Johnson Underwood Ltd [2001] EWCA Civ 318). At the heart of this is the irreducible element of personal service, without which an individual would not be regarded as an employee (Carmichael v National Power plc [1999] UKHL 47; Nethermere (St Neots) Limited v Gardiner [1984] ICR 612 (CA); O’Kelly v Trusthouse Forte plc [1983] 1 ICR 728 (CA)).

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更新时间:2025/5/28 4:02:41