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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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Implied Terms in the Contract of Employment

Implied Terms in the Contract of Employment

Chapter:
(p.471) 22 Implied Terms in the Contract of Employment
Source:
The Contract of Employment
Author(s):

Hugh Collins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0022

Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible construction of the express terms that would permit unfair treatment, exploitation, or what might be described as a bad faith interpretation of the contract; and that terms implied by law into contracts of employment provide standard incidents of the contract that will be selected primarily on the basis of efficiency and a fair balance of obligations. The chapter considers whether the structural legal principles found in terms implied in law, such as the employee’s duty of obedience and the reciprocal duty of mutual trust and confidence or good faith, can in practice or theory be excluded by the express terms of the contract of employment.

Keywords:   terms implied by law/in fact, mutual trust and confidence, exclusion clause

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