Which rights and duties are not explicitly stated but are understood to be part of the employment contract?

The correct response revolves around "implied terms in employment contracts," which refers to rights and duties that are not explicitly written into the contract but are nonetheless recognized and enforced in the employment relationship. These implied terms arise from the nature of the employment itself and aim to promote fairness and functionality in the workplace.

In employment law, implied terms can include things like the expectation of mutual respect, the obligation to provide a safe working environment, and the duty of an employee to follow lawful instructions or perform their assigned tasks with competency. Courts usually infer these terms based on established norms, professional standards, or statutory provisions, suggesting that every employment contract encompasses more than what is explicitly detailed.

The other options, while related, do not capture the essence of this concept as effectively. Express terms refer to those rights and duties that are specifically articulated and agreed upon by both parties, lacking the unspoken understanding characteristic of implied terms. Implicit agreements generally indicate informal understandings that may not have legal weight, and unwritten rules often refer to social norms within a workplace rather than specific legal obligations inherent to an employment contract. Therefore, "implied terms in employment contracts" best encapsulates the idea of unspoken rights and responsibilities inherent in the employment relationship.