Obligations of good faith and loyalty of the employee in the light of court decisions
These obligations cover several aspects, from isolated acts that come under the umbrella of general loyalty to acts to be accounted for with regard to non-competition requirements.
The employment contract gives rise to mutual obligations to be respected by both parties. The principal obligation of the employee is to execute the tasks for which he or she has been hired. The main obligation of the employer is to remunerate for the employee’s completed work. Beyond these obligations, each party must comply with the obligation of good faith laid down in article 1,134, paragraph 3 of the Civil Code, which states that any agreement must be executed in good faith.
This obligation of good faith implies a duty of loyalty for the employee toward the employer. Labour courts often refer to this duty…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
A new Luxembourg act on the immobilisation of bearer shares and units was published in the Luxembourg Official Gazette on 14 August 2014.
OFAC has issued revised guidance relating to the status of entities owned by individuals or entities whose interests in property are blocked under executive orders.
Analysis from The Lawyer
At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.