Employment contracts are legal documents that define the relationship between an employer and employee. These contracts outline the terms and conditions of employment, including compensation, job duties, and benefits. However, many employers fail to include implied terms in their employment contracts, which can lead to misunderstandings and legal disputes.

Implied terms are contractual terms that are not expressly agreed upon by both parties but are still considered a part of the contract. These terms are inferred from the nature of the contractual relationship, the surrounding circumstances, and the common expectations of the parties involved. They are important because they provide clarity and certainty in an employment relationship, especially when dealing with issues that are not explicitly addressed in the contract.

For example, it is implied that an employer will provide a safe working environment for their employees. This means that the employer has a duty to take reasonable steps to ensure that their employees are not exposed to unnecessary risks and hazards. If an employee suffers a workplace injury due to the employer`s negligence, they may be able to claim compensation under implied terms.

Another important implied term in employment contracts is that of mutual trust and confidence. This means that both the employer and employee are expected to act in good faith and not do anything to undermine the employment relationship. For example, an employer may be in breach of this term if they make false promises or give misleading information to an employee. Similarly, an employee may be in breach of this term if they engage in misconduct that damages the employer`s reputation or causes a breach of trust.

Implied terms also play an important role in protecting employees` rights in the workplace. For example, it is implied that an employer will not discriminate against their employees on the basis of race, gender, age, or other protected characteristics. This means that an employer must provide equal opportunities and treatment to all employees, regardless of their background or personal characteristics.

In conclusion, implied terms are an essential part of any employment contract. They provide clarity and certainty in the employment relationship, protect employees` rights, and help to prevent misunderstandings and legal disputes. As a professional, it is important to ensure that employment contracts include all relevant implied terms and are written clearly and accurately to avoid any potential legal issues down the line.