(5) The personal work relations of marginal workers. This discussion has to begin with a reiteration of the rather impressionistic character of this typology, and in particular of its overlap with, and indeed its lack of precision in relation to, the categories of 'standard employee' work relations and individual entrepreneurial work relations. This category consists in effect of personal work relations which are marginal to 'standard employee' work relations not so much because of any preference on the part of the workers in question for autonomous and entrepreneurial forms of working, but rather because those workers do not have favourable access to the 'standard employee' sector of the labour market. The dynamics of the evolution of these work relations and of their legal forms is therefore and in fact rather different from those which were identified for 'standard employee' work relations or for individual entrepreneurial work relations; but, as in the latter case, we can observe that these dynamics tend in two very different or opposing directions.
One such dynamic is towards the classification and treatment of marginal work relations more and more in the manner of or like 'standard employee' work relations. The legal systems of different European countries vary as to their adaptability in this respect; some are more disposed than others either to treat marginal work relations as falling within the legal category which they apply to 'standard employee' work relations - typically that of the contract of employment; but there seems to be a common trend among those systems either to construct marginal work relations in that way or to devise legal conceptions of similarity with 'standard employee' work relations, which can be deployed in order to impose regimes similar to those applicable to 'standard employee' work relations, whether in terms of employment law or in terms of taxation and social security provision.
There is, however, a contrary dynamic, which I think perhaps has not been identified as clearly as it deserves to be in view of its very real practical and legal significance. This is a dynamic whereby the various practical and legal actors involved in the conduct or regulation of marginal personal work relations contrive to deepen the separation between marginal work relations and 'standard employee' work relations, in other words increasing the social, economic and/or legal marginalisation of those in this sector of the labour market. One significant manifestation of this marginalisation may consist of increasingly structuring such work relations in the form of temporary agency employment or labour sub-contracting, especially if the protective apparatus of employment law and social security is weakened by the interposition of employment agencies or labour sub-contractors.
There is a further very important point about the way in which this dynamic away from 'standard employee' work relations may operate; it is one which has major implications for the legal construction of the personal work nexus in marginal work relations. As we have previously implied, the further marginalisation of already marginal work relations away from 'standard employee' work relations does not typically project them towards individual entrepreneurial work relations. Instead, it projects them towards the 'informal' or 'grey' sectors of the labour economy in which work relations are characterised not by the positive autonomy of the workers but rather by the absence of legal regulation and protection. As a matter of the legal construction of those work relations, this may amount to a tendency away from contracts of employment, but not towards personal contracts for services in the way that the binary legal conception of personal work relations might suggest, instead rather towards legally indeterminate or legally defective kinds of personal work nexus which fall below the horizons of contractually-based employment law systems. #p#分页标题#e#

(6) The personal work relations of labour market entrants such as trainees or apprentices. These personal work relations are especially interesting for the purpose of this analysis because of the intervention into them of the active labour market policies and public employment services of various European states. In practical terms they display some of the characteristics of 'standard employee' work relations - often in specially strongly integrated but subordinated forms - but also some of the aspects of marginal work relations, especially as expectations of subsequent employment security following successful completion of training or apprenticeship are reduced by post-Fordist patterns of work organisation. State intervention tends to take the form of supporting and facilitating the creation and maintenance of these types of work relations as a way of combating unemployment, especially among young entrants to the labour market. In practice those interventions often result in the formation of multilateral personal work relations in which the state is an active participant via its public employment services.
The legal construction of these personal work relations has generally taken the form of special variants upon the contract of employment; in some employment law systems, for example the French one, there is a tendency to identify these as new contractual forms such as the 'contrat d'insertion' or the 'contrat de professionalisation'. These represent complex forms of personal work nexus in which public authorities may be formally recognised as legal actors. The dynamics of these personal work relations are also especially interesting; there is a tendency for them to undergo a degradation from educational variants upon 'standard employee' work relations to marginal or casual work relations. Such transitions are sometimes acutely controversial, because of suspicions that governments may be introducing them in order to effect a more generalised downgrading of 'standard employee' work relations to marginal or casual work relations. That was the essential explanation for the recent controversy in France about the proposed introduction of the 'contrat première embauche' - here, the debate about a particular species of personal work contract or nexus reached the level of a national political crisis.