GOOD-FAITH IN EXECUTING THE INDIVIDUAL EMPLOYMENT AGREEMENT IN CORRELATION WITH THE EMPLOYEE’S OBLIGATION TO BE PROFESSIONALLY FIT
GOOD-FAITH IN EXECUTING THE INDIVIDUAL EMPLOYMENT AGREEMENT IN CORRELATION WITH THE EMPLOYEE’S OBLIGATION TO BE PROFESSIONALLY FIT

Summary/Abstract: The parties of the employment relationship need to act in good-faith in regards to the manner in which they conduct this relationship. This principle applies to all the rights and obligations the parties assume during the employment relationship. The employee’s obligation to be professionally fit at the time of applying for a position, also at the time of conducting the individual employment agreement and to remain professionally fit for the entire duration of the employment relationship is one of the obligations that are subject to the principle of acting in good-faith. In equal part, the manner in which the employer exercises the right to verify the professional fitness of the employee during the employment relationship is also subject to the same principle. This paper aims to explore how the parties of the employment relationship act in good-faith regarding the professional fitness obligation, how breeching this principle can affect the employment relationship and how bad-faith can be sanctioned.

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