On the Duty of Loyalty of Employees: A Legal Perspective

摘要

The duty of loyalty is one of the employee's basic types of contractual obligations, which is based on the good faith principle. Duty of loyalty can be defined as: when the employees are in the exercise of contractual rights and obligations, they should consider their own position in the enterprise and protect the interests of employers in accordance with the good faith principle. In an efficient enterprise, the standards of duty of loyalty for employees to fulfill must be in a balance between the management and the fair treatment to the employees. The relationship of mutual trust between the parties of the employment contract must be maintained, but they can not require employees to put the interests of employers before their own interests. Duty of loyalty is still affected by the identity elements of the employment contract and may go beyond the specific production process.