As an employee, it`s important to understand the terms of your employment contract. An employment contract is a legally binding agreement between an employer and an employee, which outlines the terms and conditions of employment. It is important that both parties agree to the terms of the contract as it lays down the foundation for a mutually beneficial working relationship.
While the terms of an employment contract can be both explicit and implicit, it is vital that you understand the implications of both. The explicit terms are those that are written in the contract and are easy to understand. They include elements such as job title, salary, working hours, and benefits.
However, there are also implied terms that are not explicitly written in the contract but are still legally binding. These terms arise from a combination of common law, statute law, and industry customs and practices. Implied terms are important as they provide additional protections for employees and employers and ensure that the employment relationship is fair and reasonable.
So, what are the implied terms of an employment contract? The following are some of the most common implied terms that apply to most employment contracts:
1. Duty of mutual trust and confidence: This term implies that both the employer and the employee have a responsibility to treat each other with respect and dignity. This obligation extends to good communication, ethical behavior, and not engaging in any conduct that could undermine the relationship of trust between the parties.
2. Reasonableness: This term implies that an employer must act reasonably towards an employee in all aspects of the employment relationship. For example, employers must follow fair and transparent procedures when it comes to disciplinary actions, terminations, and promotions.
3. Duty to provide a safe work environment: This term implies that employers must take reasonable steps to ensure their employees` safety while in their employment. This includes identifying and managing risks, providing protective equipment, and ensuring that employees are adequately trained to perform their tasks safely.
4. Duty to provide work: This term implies that an employer must provide work for an employee who is willing and able to work. If an employer breaches this duty, the employee may be entitled to claim damages for the loss of earnings.
5. Duty to pay wages and benefits: This term implies that an employer must pay their employees` wages and benefits in accordance with the employment contract, including any statutory entitlements.
In conclusion, understanding the implied terms of your employment contract will ensure that you are aware of your rights and obligations as an employee. It is important to note that not all employment contracts are the same, and the terms may vary depending on the industry, company, and specific job role. If you have any doubts or questions about your employment contract, seek legal advice to ensure that you are clear on your rights and obligations.
