What duties are implied by law on an employee and how this helps to decide between an employment and agency relationship
Below are some of the key duties implied by law and which are compelling indicators of an employment relationship. This is important also because the label put on a document such as “employment contract” or “agency agreement” is not conclusive as to it’s true legal status and consequently, it is necessary to look at the reality of the relationship and many of the factors listed here are indicative of the true status. One of the main factors not described below which is particularly significant is whether the employer controls the employee’s place of work and hours of work and provides the tools, if any, necessary for the work.
- A duty on the employee to give personal service such that the employee is not permitted to delegate or sub-contract the performance of his duties.
- A duty to comply with reasonable and lawful orders from the employer.
- A duty to use reasonable care and skill in carrying out employment duties.
- A duty of good faith so as to comply, on the employee’s part, with the mutual duty of trust and confidence. This duty also includes the possibility of the employee being required to keep confidential the employer’s business information and possibly also not to compete post employment, although this will vary according to circumstances.
- Not to make a secret profit
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