What are the duties implied under common law that requires both the employees and employers to observe when engaged in contractual relationship ?

Under common law, both employees and employers have certain duties that they are expected to observe when engaged in a contractual relationship. These duties include:

1. Duty of good faith and fair dealing: Both parties are expected to act in good faith and deal fairly with each other in all aspects of the employment relationship.

2. Duty of loyalty: Employees are expected to act in the best interests of their employer and not engage in any activities that could harm the employer's business or reputation.

3. Duty of obedience: Employees are expected to follow the lawful and reasonable instructions of their employer and comply with company policies and procedures.

4. Duty of care: Employers are expected to provide a safe working environment for their employees and take reasonable steps to ensure their health and safety.

5. Duty of payment: Employers are expected to pay employees the agreed-upon wages or salary in a timely manner, and employees are expected to perform their duties in exchange for this compensation.

6. Duty of confidentiality: Both parties are expected to keep confidential information about the business, clients, and other employees confidential and not disclose it to unauthorized parties.

7. Duty of non-competition: Employees may have a duty not to compete with their employer during or after their employment, depending on the terms of their employment contract.

These duties are implied under common law and are meant to ensure that both parties act in a fair and reasonable manner in their contractual relationship. Failure to observe these duties can lead to legal consequences, such as breach of contract claims or other legal actions.

Duties Implied under Common Law

Duties of Employees

- Duty of Fidelity: Employees must act in the best interests of their employer and avoid conflicts of interest.
- Duty of Obedience: Employees must follow the lawful and reasonable instructions of their employer.
- Duty of Performance: Employees must perform their job duties to a reasonable standard of care and diligence.
- Duty of Care: Employees must take reasonable steps to avoid causing harm to their employer, colleagues, or customers.
- Duty of Loyalty: Employees must refrain from soliciting or accepting bribes or competing with their employer without authorization.

Duties of Employers

- Duty to Provide a Safe Workplace: Employers must take reasonable steps to create and maintain a safe and healthy work environment.
- Duty of Reasonable Care: Employers must exercise reasonable care in providing safe equipment, tools, and supervision to employees.
- Duty to Pay Wages: Employers must pay employees their agreed-upon wages on time and in full.
- Duty of Reasonable Accommodation: Employers must make reasonable accommodations for employees with disabilities to enable them to perform their job duties.
- Duty to Avoid Discrimination: Employers cannot discriminate against employees based on protected characteristics such as race, gender, religion, or age.
- Duty to Respect Privacy: Employers must respect the privacy of employees' personal information and communications.
- Duty to provide training: Employers must provide adequate training to employees to ensure they can perform their job duties safely and effectively.