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Examples of Implied Terms in a Contract of Employment

When it comes to employment contracts, there are often explicit terms laid out that both the employer and employee agree to abide by. However, there are also implied terms that are not explicitly stated but are still deemed as part of the contract. These implied terms are not necessarily written in the contract but are assumed to be understood and agreed to by both parties.

Here are some examples of implied terms in a contract of employment:

1. Duty of mutual trust and confidence

This implies that both the employer and employee are expected to behave in a manner that does not undermine the other. Employees are expected to perform their duties to the best of their ability, while employers are expected to provide a safe and supportive workplace for their employees.

2. Duty to provide work

It is assumed that an employer will provide work for the employee during the duration of their employment. This implies that the employer will provide work that is suitable and consistent with the employee`s job description.

3. Duty to pay wages

Employers are assumed to pay their employees their wages for the work they provide. This includes any agreed-upon overtime pay or bonuses.

4. Duty of care

The employer has an implied duty to take reasonable care of the employee`s health, safety, and well-being while they are at work. This includes providing appropriate safety equipment, training, and support.

5. Duty of confidentiality

Employees are expected to keep confidential any information they have access to during their employment, such as trade secrets or sensitive information about clients. This duty extends even after the employee has left the company.

6. Duty not to act in conflict of interest

Employees are expected not to act in a way that conflicts with their employer`s interests. This includes not working for a competing company during their employment or using company resources for personal gain.

In conclusion, it is important to understand that an employment contract is not just limited to the explicit terms written in the agreement. Implied terms play a significant role in establishing the rights and obligations of both the employer and employee. It is crucial to ensure that both parties are aware of these terms and acknowledge their agreement to them. As a result, this makes for a more amicable work environment, avoiding any potential breaches of the contract.


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