Will terms be implied by the Singapore Courts into written employment contracts?

Notwithstanding the general position that an employee’s terms of employment is to be construed by reference to the express terms of the employment contract read with the Employment Act (as the case may be), the Singapore Courts have implied certain terms into employment contracts. Two examples of this:-

Employers:

Unless there were express terms to the contrary or the context implied otherwise, an employer owes the employer a duty, implied in law, not to undermine or destroy mutual trust and confidence. This duty includes the requirement to act honestly and faithfully, to redress complaints of discrimination or provide a grievance procedure, not to unilaterally and unreasonably vary employment terms, and not to suspend an employee for disciplinary purposes without proper and reasonable care; but is not to be confused with a duty of good faith. Breach of this implied term could be repudiatory in this case and the employee’s subsequent resignation may be deemed a constructive dismissal.

Employees:

An implied duty to exercise reasonable skill and knowledge, care and diligence in the course of carrying out their work.

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