When you start a new job, you are entering into an agreement with your employer. While most employees will sign a written contract outlining the terms of their employment, there are also implied contractual terms that are just as important. These implied terms are not necessarily spelled out in writing, but they are considered to be part of the agreement between you and your employer.
Implied contractual terms are legal principles that apply to employment contracts, even if they are not explicitly mentioned in the contract. These terms arise because of the nature of the employment relationship, and they help to establish the rights and obligations of both the employer and the employee.
One of the most important implied contractual terms in employment is the duty of mutual trust and confidence. This means that both the employer and the employee have a duty to act in good faith towards each other. For instance, an employer has a duty to provide a safe working environment, while an employee has a duty to perform their job to the best of their abilities.
Another important implied term is the obligation to provide reasonable notice of termination. While an employment contract may specify the amount of notice required, there is also an implied term that the employer must provide reasonable notice if they wish to terminate the contract.
Other implied terms include the obligation to provide a reasonable and non-discriminatory work environment, the duty to pay wages on time, and the right to work in a safe and healthy environment. These terms are not always explicitly stated in the contract, but they are still considered to be part of the agreement between the employer and the employee.
It is important to note that implied contractual terms can vary depending on the industry and the jurisdiction in which you work. However, regardless of where you work, it is always important to understand your rights and obligations as an employee.
If you believe that your employer has breached an implied contractual term, it is important to seek legal advice. While it can be difficult to prove a breach of an implied term, a lawyer can help you understand your options and determine whether you have a viable claim.
In conclusion, while written employment contracts are important, it is also important to remember the role of implied contractual terms in establishing the rights and obligations of both the employer and the employee. Understanding these terms can help you protect your rights and ensure that you are treated fairly in the workplace.