There are a number of terms that you should never include in an employment contract. In short, you must not include anything that violates the law or any applicable instrument, that is discriminatory, ambiguous, vague, contradictory or confusing. When writing a working letter, be sure to have it reviewed by a legal expert who specializes in labor law. If any of the conditions are vague, unclear or illegal, they will notify you and make the appropriate changes to ensure that the document is compliant. Below you will find more information on the different employment contracts. For certain conditions of employment in the states or territories, please contact the appropriate jurisdiction. If the job has a fixed term or is associated with a specific project, you must determine if you want to include an option that allows the parties to terminate the contract earlier after a notice period. If you include this clause, the employee may terminate before the completion of the work. However, if you choose not to include this clause, you may have to pay the balance of the contract if you wish to terminate the employment relationship before the agreed expiry date. Use our employment contract tool to create your own employment contract. This tool is intended for employees who are subject to an award according to the Australian Fair Work system.
The employment contract tool helps employers in small businesses to conclude an employment contract that complies with labour law. To use it, your employee must be: If an employee is hired for a certain period of time. Typically, the contract ends either when a project is completed or when an event is passed (for example. B a high season). Fixed-term employment contracts clearly define the duration of employment from start to finish. Although this type of agreement is often short-term, fixed-term workers still enjoy the same rights as permanent employees. Just as there are important differences between permanent employment and casual work, the question of whether the role will continue or for a certain period of time also has an impact on the terms of your employment contract. Any employer must bear in mind that the mere signing of an employment contract does not mean that the employee is not subject to the minimum conditions set out in the relevant arbitration award. A contract cannot deprive the employee of the rights that are part of his minimum legal rights. As a result, these standards continue to apply and prevail over any existing employment contract that provides for claims below the applicable surtax or neS. On the other hand, if the role is not covered by an industrial instrument, the employment contract should indicate this.
Even if the employee agrees, you cannot exclude or avoid the industrial instrument by simply stating that the industrial instrument does not apply. But if there is a dispute over whether or not an industrial instrument is applicable, the fact that both parties have agreed that the role is not covered by an arbitration award or company agreement will likely weigh in your favor. An employment contract can be terminated either by the employee (i.e. by dismissal) or by the employer. Make sure that the contract does not contain conditions that are less than the employee`s minimum requirements. These rights are set out in national employment standards (NES) and in the attribution or agreement of the industry concerned (if applicable). Full-time employees have permanent employment and work an average of 38 hours per week. However, the number of hours per week may vary depending on the type of industry and the agreement itself. As surprising as it may seem, in Australia there is no legal requirement to have a written employment contract. So why have one at all? Well, a written employment contract is primarily used to protect you, the employer.
Without a written employment contract, there may be disputes over the terms and conditions of employment. Employers often have difficulty dealing with their employees when there are no employment contracts that guide the employment relationship. An employment contract is the most effective way to determine the terms of your employment relationship. It should describe everything the employee needs to know about the work for you, including employee rights, hours of work, compensation, etc. In this way, the risk of misunderstandings or confusion is significantly reduced. This goes without saying, but the employment contract must also not contain anything discriminatory. Australia has some of the strictest anti-discrimination laws that cover a range of personal characteristics such as gender, disability, age and race. In addition, the general protection provisions of the FW Act prohibit unfavourable measures due to participation in trade union activities, temporary absence from work due to illness or accident or due to a right to the workplace. There are a number of free templates for employment contracts, but how do you know they are up-to-date and compliant? How do you know that the changes you make won`t give you a headache on the track? It is quite common for many small businesses to employ workers on the basis of a “nod and handshake”. This is not surprising.
After all, it can be time-consuming to draft an employment contract and often too expensive to pay someone to do it for you. But what if there is a disagreement between you and your employee? If you do not have a written employment contract, how do you prove what the agreed terms of employment are? Each type of employment contract has its own advantages and disadvantages. You can, of course, choose to offer more generous working and employment conditions than in the applicable industrial instrument. However, it is important to ensure that the contract does not violate the provisions of the industrial instrument where this applies to the roll. This employment contract does not take into account the requirements of modern contracts or company agreements. If such an award or agreement applies, certain additional minimum standards are established that the employer must meet. Your employment contract must grant your employee at least his minimum legal rights. You can find them in the National Employment Standards (NES) and the corresponding industry price or agreement (if applicable). However, you can always opt for more generous terms. The Fair Work Act 2009 (Cth) applies the National Employment Standards (NES), which are a set of minimum employment standards in Australia.
For more information, please contact the Fair Work Ombudsman. There are also important clauses that should normally be included that deal with things like confidentiality, intellectual property rights, and post-employment restrictions. A confidentiality clause must be formulated in such a way that your confidential information is protected, while an intellectual property clause must be formulated in such a way that you, as an employer, have certain rights to the use and ownership of the intellectual property that the employee has created in the course of his or her employment. Post-employment restrictions are designed to protect the legitimate business interests of the company. There are several types, including a non-compete clause that prevents the employee from working for a competitor, a non-solicitation clause that prevents the employee from referring your customers, and a non-solicitation clause that prevents the employee from poaching your employees. .