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was engaged and for which he daimed to be qualied. - 3.2 The duties {responsibilities}: According to common law, duties of the employer are implicit in employment contracts, including those covered by lhe Employment Act or less. Employers should have the following responsibilities for their employees: - This obligalion typically exists even iftltere is no went to be perfonned, especially in the context of xedterm contiacts. Alternatively, instead of giving a wage, some businesses may choose to compensate an employee for worlt performed or services rendered through commission, fee, or client tips. Nonetheless, it should be understood that this obligation is governed by statutes or award rules that provide an employer to legitimately lay off employees in specic circumstances - The obligation to supply employment is justified on the grounds that workers paid by the hour should be compensated for being available, able, and willing to worlr for the agreedupon hours. Generally, there is no obligation to provide lggmjt payment is ongoing. (in the other hand, it has been noted that a man has a right to worlt by implication in the employment contract. Whether or not the employer is required to provide this right depends on the type of employment contract - The obligation to indemnity: The employer must indemnity the employee for all expenses, injuries, and obligations suffered legally by the employee while perfonning the assigned worlt however, the employer is exempt from this duty in the following instances: - The employee understood he was committing an illegal m or The employee was aware that the employer lacked authority to issue the directive. - Obligation of care: The employer must provide a safe working environment and ensure that any equipment used by employees is safe; - A safe plan of action. The employer is simply required to exercise reasonable care, but in unusual situations, additional safety measures must be adopted. Employers are still liable for intiinsic rislrs, reasonable foreseeability [if damage rislc severity of the rislt, and cost based on the standard of reasonableness required for employersl It is important to ltnow Wdues and responsibilities of an employee and employee because: . Ely lolowing the nature of the employment contract and its constituent parts, including the express and implicit terms of employment, you will be able to comprehend the nature and scope of your contradilal obligations and avoid violating these terms. The following are some of the implied duties and responsibilities of an employee and employer that are not specied in the employrrtent conbact: Among other common law rights of an employer indude:- - Right to indemnication from the employer According to the Employment Act of 1555, the employer has the right to ensure that the employee will use all of his or her skills, awareness, and talents to do the prescribed tasks. - Employee's legal duty to obey lawful commands Employer has the right to receiye employee compliance with lawful orders, lawful orders based on the erttployment contract signed by the employee. And tttose who refuse to comply will be Was disobedient and must he penalized. - Right to get services from an employer According to the Employment Act of 1555, the employer has the right to receiye seryices rendered by the worker. And if the employee does not comply, disciplinary action will be taken. - The light of an employee to comply with statutory obligations The employer must receive the employee's statutory obligations, which implies the employee must carry out his legal duiies and responsibilities in accordance with the employment statute. For instance, the employee must demonstrate good faith toward the employer. - Right to get work-related services from an employee doting off-time This means that employees are required to work for their employer in accordance with their job contract, btlt are permitted to work elsewhere if the business is of a different nature, does not interfere with routine work, arid is undertaken in their leisure time. - Right to receive reasonable skill and knowledge A worker owes his employer reasonable diligence and skill in the discharge of his duties. And this entitlement should be applicable to the WDTIC th which the employee Question 1 Employment contract usually includes two kinds of terms; the rst kind is expressed and the second kind is implied. The implied terms or the psychological contract, which are not set out in a written contract are still contractually binding on the parties, is one that can cause concern to both employers and employees. Evaluate the implied duties or the psychological contract of an employer and employee as provided by the common lavar and its importance in employment law. (50 marks}