When entering into a new job, it’s important to understand your employment contract. This legally binding document outlines the terms and conditions of your employment, including your job responsibilities, benefits, and compensation. One crucial aspect of an employment contract is the express term. In this article, we’ll discuss what an express term is and why it’s important.
What is an Express Term?
An express term is a clearly stated provision in an employment contract that both the employer and employee agree upon. It outlines specific terms of the employment agreement, such as working hours, job duties, salary, benefits, and termination conditions. Express terms are important because they provide clarity and certainty in an employment relationship.
Types of Express Terms
There are two types of express terms in an employment contract: express and implied.
Express terms are those that are specifically stated in a written or verbal agreement between the employer and employee. For example, if an employee is offered a job with a starting salary of $50,000, this would be an express term of their employment contract.
Implied terms are those that are not expressly stated in the contract but are derived from the parties` conduct and other circumstances. For example, if an employer allows employees to take a 30-minute lunch break, this could be considered an implied term of the employment contract.
Why are Express Terms Important?
Express terms are important because they provide certainty and eliminate ambiguity in an employment relationship. They create a clear understanding between the employer and employee of what is expected from each party. This can help prevent misunderstandings and disputes down the line.
Having express terms in your employment contract can also protect your rights as an employee. If you believe your employer has breached a term in your contract, you can take legal action to enforce it. Likewise, if an employer believes an employee has breached a term in their contract, they can take action as well.
In addition, express terms can be beneficial when negotiating your employment contract. If there are specific terms you want to include or negotiate, you can discuss them with your employer before signing the contract. This can give you more control over your working conditions and help ensure that you are satisfied with the terms of your employment.
In conclusion, express terms are an important aspect of an employment contract. They provide clear and concise expectations for both the employer and employee, reduce ambiguity, and can protect your rights as an employee. It’s important to review your employment contract carefully and ensure that you understand all of the express terms before signing. If you have any questions or concerns, don’t hesitate to speak with your employer or an employment lawyer.