The common law employment contract must not contain conditions of employment incompatible with the worker or less favourable than public procurement or labour law. If this is the case, these terms and conditions are not applicable. To be enforceable, any such written agreement must: if you work for someone, you by definition have an employment contract, i.e. the common law employment contract. Generally speaking, there is an explicit contract between the employer and the employee, sometimes the contract is composed only of an implicit customary law. The common law employment contract is fundamental, which is why workers prefer to negotiate a collective agreement. In addition, the courts have attempted to incorporate a “terrain of rights” into the common law employment contract. One of the obstacles they encountered is that there is no room for the joint development of the common law and status, that is: If a right is covered by the law, that right cannot exist under customary law. The starting point is to know that there are two types of fundamental laws; Statutory and customary law. The law is the law that parliaments create in the form of laws and regulations. The common law is the regulation that has been created over the years by judges and is generally followed by the courts in similar situations (this is called the “precedent doctrine”).
In general, Parliament is the supreme Parliament and can pass all laws in its power. It is for the courts to apply and interpret any ambiguity in the legislation where necessary. To take an example, the legal right invoked when a person is physically injured in the event of an accident is a common right to negligence. Negligence has been considered an autonomous legal concept only since the English decision Donoghue v. Stevenson in 1932. At its most basic level, an employment relationship between an employer and an employee is a civil contract in which the worker undertakes to work for the employer for money or other payment. In this sense, the employment contract is no different from any other civil law contract, such as a contract for the construction of a house. This means that employers and workers are free to agree on any employment regime, subject to minimum legal rights and modern requirements for public procurement or company agreements. The courts have also ruled that a contract of employment contains a number of tacit provisions, even if they are not established. For example, the need to terminate the employment relationship when the contract is silent, as well as the tacit obligation of mutual trust. The implied duty of trust requires both the employer and the employer to act in good faith during the employment relationship, but not how to terminate the employment relationship.
All employers should establish a written employment contract in customary law for all workers, so that everyone is aware of the different rights and conditions of work. .