An employment contract is an agreement between an employer and employee which sets out the terms and conditions employment.

Employment contracts may take several forms – they may be based on a workplace/enterprise agreement between the employer and its employees or may be founded on industry-based awards. Regardless, there are several legislative requirements that employment contracts need to comply with. At the absolute least, an employment contract must provide for the minimum employment standards as set out in the National Employment Standards (NES) and any applicable awards, enterprise agreements or registered agreements.

We have prepared Employment Contracts for employers to use in their business for all types of staff members, including executive level employees, management and casual staff. Our experienced employment team have all advised new employees on the terms of their employment and assisted in the negotiation of their contract.

As an employee, it is particularly important to understand your obligations and responsibilities created under your contract of employment, and which of these obligations and responsibilities continue following the termination of your employment. Specifically, employees are often unaware of their ongoing obligations relating to confidentiality and intellectual property, as well as the impact of non-compete or non-solicitation clauses in their contract. It is also critical that the terms of the contract reflect the nature of the pre-contractual agreement made and negotiated with the employer.

In relation to Employers, employment contracts are necessary to, and form the basis of any business. All employees of any business should have the terms of their employment set out in a written agreement to avoid any uncertainty surrounding the relationship between the employer and employee. All businesses must have well considered and drafted employment agreements to protect the employer from unfounded claims made by employees, set out the terms and conditions of an employee’s employment and to protect confidential information or trade secrets of the business.

Our experienced employment law team can assist employers by reviewing your employment contracts and advising on any pitfalls and issues to mitigate business risk and provide certainty on the agreement.

Talk to one of our expert lawyers today.