THE RESIDUAL ROLE OF GOOD FAITH IN INDIVIDUAL EMPLOYMENT RELATIONS
THE RESIDUAL ROLE OF GOOD FAITH IN INDIVIDUAL EMPLOYMENT RELATIONS

Summary/Abstract: This paper examines the principle of good faith in individual employment law, highlighting the limitations imposed by the specific regulatory framework governing this area. It will be shown that this principle has a more limited scope of application than in civil law. This is due to the fact that, in regulating employment relationships, the legislature has chosen to expressly establish, through legal provisions, certain obligations of the parties, which would otherwise have been assessed through the lens of the principle of good faith. Where a legal provision already imposes a specific obligation, reliance on good faith becomes redundant; in other words, general duties of loyalty, cooperation, or moderation (typically associated with the concept of good faith) are no longer evaluated from the perspective of the parties' moral conduct, as these duties are already directly and explicitly imposed by law.

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