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…

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