What Type of Employee Is Covered by a Common Law Contract

When it comes to employment contracts, there are two main types: common law contracts and contracts governed by statutory law. A common law contract is an agreement between an employer and an employee that is based on the legal principles developed by judicial decisions rather than specific legislation. But what type of employee is covered by a common law contract? Let`s take a closer look.

Firstly, it`s important to understand that common law contracts are not necessarily formal written agreements. In fact, they can be implied by the actions and behavior of both parties. For example, if an individual starts working for a company and is paid a regular salary without any specific terms and conditions being discussed, a common law contract may be assumed to exist.

In terms of the types of employees covered by common law contracts, it generally applies to those who are considered to be “at-will” employees. This means that either the employee or the employer can terminate the contract at any time, for any reason that is not considered discriminatory or unlawful. At-will employees are not protected by the same level of job security as those with fixed-term contracts.

Some common examples of employees who are typically covered by common law contracts include:

1. Part-time or casual workers: These employees are often hired on a more flexible basis and may not have set hours or fixed terms of employment. They are usually not entitled to the same benefits and protections as full-time employees.

2. Temporary employees: Similar to part-time or casual workers, temporary employees are typically hired for a specific period of time or to complete a specific project. They do not have the same level of job security as permanent employees.

3. Independent contractors: While independent contractors are not technically employees, they may still be covered by common law contracts. These contracts govern the work that the contractor will perform and the terms of payment, but they do not include the same benefits and protections as traditional employees.

It`s worth noting that common law contracts can also cover more senior or specialized employees, such as executives or those in highly skilled roles. However, in these cases, the terms of the contract are likely to be more detailed and may include specific provisions around termination and severance pay.

Overall, common law contracts are a useful way to establish the terms of employment for a wide range of employees. While they may not offer the same level of job security as statutory contracts, they do provide a flexible and adaptable way for employers to manage their workforce.