When you`re employed, you sign a contract that outlines the terms and conditions of your employment. Some of these terms are clearly stated, but others are implied. An implied term is one that is not specifically mentioned in the contract, but is understood to be a part of the agreement between the employer and employee.
So, what exactly is an implied term in an employment contract, and how does it affect you as an employee? Let`s take a closer look.
Definition of Implied Term
An implied term is a term that is not expressly stated in an employment contract, but is nonetheless deemed to be part of the agreement between the employer and employee. Implied terms can be either “common law” or “statutory”.
Common law implied terms are terms that have been developed over time by the courts, based on the legal principle of “custom and practice”. These terms can include things like the duty of the employer to provide a safe working environment, or the employee`s obligation to act in good faith.
Statutory implied terms, on the other hand, are terms that are explicitly included in statute law. For example, the right to a minimum wage, or the right to paid holiday.
Examples of Implied Terms
Here are some common examples of implied terms that might be found in an employment contract:
– The duty of the employer to provide a safe working environment
– The duty of the employee to act in good faith
– The right of the employer to control the work of the employee
– The right of the employee to be paid for work done
– The right of the employee to be treated with respect and dignity
How Do Implied Terms Affect You as an Employee?
As an employee, it`s important to be aware of the implied terms in your employment contract, as they can affect your rights and obligations. For example, if your contract doesn`t specifically state that you`re entitled to a minimum wage, you may still be entitled to one under statutory implied terms.
Likewise, if your contract doesn`t specifically outline the duties of the employer to provide a safe working environment, the employee may still have the right to refuse to work in unsafe conditions.
In conclusion, an implied term in an employment contract is a term that is not specifically stated, but is understood to be a part of the agreement between the employer and the employee. These terms can be either common law or statutory, and they can have a significant impact on the rights and obligations of both parties. As an employee, it`s important to be aware of these terms and to seek legal advice if you have any concerns.