When you accept a job, you enter into a contract with your employer, whether it’s a written document or an oral agreement. This contract outlines your duties, responsibilities, and compensation. However, there are some terms that are not specifically stated in the contract, but still have legal implications. These are known as implied terms of employment contract.
Implied terms are those that are not directly stated, but assumed to be a part of the employment contract by law. These terms are often inferred from the circumstances surrounding the employment relationship, and can be either “common law” or “statutory” in nature.
Common law implied terms are those that are based on customary practices and expectations in the industry. For example, a common law implied term is the duty of an employer to provide a safe working environment for their employees. Another common law implication is the right to reasonable notice of termination. If an employee is terminated without notice or compensation, they may have grounds for a wrongful dismissal lawsuit.
Statutory implied terms, on the other hand, are those that are mandated by law. The statutes that govern employment relationships in various jurisdictions, such as employment standards legislation and human rights codes, set out these implied terms. For example, statutory implied terms include the right to a minimum wage, the right to overtime pay, and the right to take a leave of absence for certain reasons, such as pregnancy or illness.
It’s important to note that not all implied terms are applicable to every employment relationship. The specific circumstances of each case will determine which implied terms are relevant. For example, if an employee is a member of a union, their employment contract will likely be governed by a collective bargaining agreement that includes its own implied terms.
If you have concerns about the terms of your employment contract, it’s best to seek the advice of a legal professional who can help you navigate the complex legal landscape surrounding employment law. By understanding the various implied terms of your employment contract, you can protect yourself from potential disputes or misunderstandings with your employer.