Employment Contract

employment contracts

Finding the right team for your startup can play a crucial role in the success of your venture.

A written employment contract is the best way of protecting the interests of both your and your employees and will establish the terms of the engagement.

Although their significance is sometimes overlooked, employment contracts are an important part of the hiring process that can have important implications later on – especially if the engagement ends on less than amicable terms.

Employment Contract Essentials:
  1. All employees should have written employment contracts.
  2. Finalise company policy on employment conditions that include:
    • Hiring procedure and any probationary periods
    • Current Employment Legislation
    • Induction and training
    • Disciplinary Action
    • Unacceptable Behaviour and Poor Performance
    • Improving and Maintaining Performance
    • Termination
    • Restructuring and Redundancy
  3. Establish whether the contract is:
    • A common law agreement
    • Individual Transitional Employment Agreement (ITEA)
    • Agreement for Award covered employees
    • Employee Collective Agreement
    • Union Collective Agreement
    • Independent Contractor Agreement
  4. Outline employment conditions that:
    • Are appropriate for the job
    • Comply with award/agreement provisions
    • Comply with the Minimum Conditions of relevant state and federal legislation and other employment obligations.
  5. Terms of employment should be clearly articulated.
  6. Include relevant clauses such as confidentiality or intellectual property, termination of notice, etc.
  7. Draft the contract document using plain English.
  8. Discuss the contract with the employee to ensure that they understand their conditions, pay and obligations under the contract.
  9. When signed, give employees a copy and keep one on file.
  10. Always keep appropriate employment records.

Remember: all contracts need to be current. If an employee’s role or duties change a new contract should be entered into. It is also a good idea to review contracts if there are major changes in legislation.

Sample clauses for an Employment Contract

Basic Information

  • Names and details of employers and employees.
  • Background – (including whether the agreement is under common law or an award).
  • Employment status (e.g. full-time, part-time or casual).
  • The probationary period and start date of the contract (and end date if fixed term).
  • Who employees report to in the organisation.
  • Job title.
  • Key job duties and/or standards of performance.

Employment Conditions

  • Agreed pay rate and superannuation, and method of Payment.
  • Any other remuneration, including allowances, performance bonuses or arrangements in relation to salary sacrifice, FBT, parking or use of a company vehicle etc.
  • Leave:
    • Annual leave
    • Long service leave
    • Sick leave
    • Bereavement leave (inc. termination of contract stipulations)
    • Parental leave
    • Public Holidays
    • Cultural leave
  • Hours of work, including details of meal breaks and what arrangements apply for additional hours or shift work.
  • Location of work

Other Conditions

  • Company policies and rules, including performance standards, employee conduct and disciplinary procedures.
  • Protection of confidential information and intellectual property acquired during employment and following termination of employment.
  • Termination of employment and notice periods or pay in lieu of notice.
  • Other issues:
    • Medical Examinations
    • Protection from the sun
    • Unused insurances and memberships
    • Uniforms or dress standards
  • Provision for varying the contract.
Inventions During the Term of Employment

The issue of ownership of intellectual property developed by your employees is one that needs to be clearly dealt with. At a minimum, the job description that forms part of the employment contract should clearly state if invention or development is within the scope of the employee’s engagement.

Of course, it is always best to get legal advice to ensure that your rights over any intellectual property is secured.

Letter of Offer

In some cases a letter of offer may be considered to constitute an employment contract. For this purpose, the letter of offer from the employer should include:

  • the name and address of the employer;
  • position responsibilities and duties;
  • remuneration;
  • hours of work;
  • whether full-time, part-time or casual;
  • employment conditions, such as leave entitlements, allowances etc; and
  • employment arrangements you will be working under, such as an award or agreement.

However, a written employment contract is always the preferable option.

 

Photo by indigoprime
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About Diarmuid Sexton

Diarmuid is the Managing Director of Adroit People and a career recruiter with expertise in securing talent for the pharmaceutical, medical devices and ICT sectors. For more information on sourcing talent or opportunities go to http://www.adroitpeople.com.au.