No employer should expect or allow new employees to start work until they have signed a written Employment Contract. A potential employee who is handed a contract but does not sign it before starting work is still bound by the terms of the contract.
Apart from the employee’s details (correct name, address etc.), the contract must mention the Position Description (the basic document which lists the requirements for the position), the policies that apply to the workplace, and such things as termination procedure.
We can provide simple proforma employment contracts from $750.00 a set for permanent employees, part time employees and casuals. To enquire call JFMLAW on 02 9331 0266 or email John Morrissey email@example.com or Chris Lowe firstname.lastname@example.org.
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Employment contracts and modern awards
Most employment contracts are based on Modern Awards, which contain a number of terms and conditions
These terms and conditions include:
- minimum wages
- overtime and penalty rates
- types of employment (full time, part time, casual)
- work arrangements (e.g. rosters, variation to working hours)
- hours of work
- rest breaks
- classifications (you are legally obliged to show the relevant award classification on every employee’s pay slip)
- leave and leave loadings
- procedures for consultation, representation and dispute settlement
It is also possible to have a Common Law Contract, especially where there is no award coverage.
Extra possible inclusions
- Probation period (standard is three months);
- Termination procedures including notice periods during probation periods and duration of regular employment;
- Dress and communication standards;
- Redundancy Clauses
- Restraint of Trade provisions
Restraint of trade provisions basically prevent an ex-employee from either setting up in competition or joining another firm and taking clients with them. There are akways limitations on a restraint of trade, and the courts sometimes decide for the employee and sometimes for the employer who has been ‘left behind’.
For a full explanation, go to http://www.australiancompetitionlaw.org/law/rot.html