obligations awed to an employer by his employee
In a contract of employment, the employee also owes certain duties to his employer. These obligations could arise either from the contract of employment or they may as stipulated by law. The following are the duties owed by an employee to his employer in an master/servant relationship:
- The employee owes a duty of obedience towards his master. This is the duty to obey all lawful and legitimate instructions of the master. The duty of obedience is a very fundamental duty in a contract of employment.
- A worker owes a duty of diligence (care and skill) in carrying out his job. He must use his skill for the benefit of his employer and in using it, he must exercise reasonable care.
- An employee owes the employer a duty of personal service. He must not delegate his duties to a third party, except there is express consent on the part of the employer. This is embedded in the Latin maxim “delegatus non protest delegare”.
- If an employee exercises negligence or carelessness in the course doing his job, which results in any injury to a third party which the employer incurs liability for, the employer can recover the value of the liability incurred from the employee.
- An employee owes to the employer a duty of loyalty and faithfulness.
- There is also the duty of confidentiality. Certain documents pertaining to the secret of the organization that is available to the worker must be kept secret and can only be disclosed if:
- The employer is committing an offense.
- The employer is in breach of a statutory duty.
- The employer is carrying on business which is injurious to the public or state.
- A worker has a duty to be accountable to his employer and is not expected to make secret profit.
- A worker is not allowed to compete with his employer while still in the employ of his employer. But this rule does not apply where the employee has left the employment of his employer.