Employment Contracts

What is an employment contract?

An employee contract is a formal written agreement between an employer and an employee that outlines the terms and conditions of employment.

An employment contract:

  • establishes expectations;

  • outlines roles and responsibilities; and

  • safeguards both the employer’s and employee’s rights and interests.

 

But more than that, it sets the tone for a harmonious, productive, and mutually beneficial working relationship.

 

Need help drafting a robust employment contract? Reach out to Inkling’s experienced team today.

Frequently Asked Questions

  • Although there is no legal obligation to have an employment contract, every business should have robust employment contracts. Employment contracts provide:

    • Clarity and Alignment: they lay out clear terms and conditions of employment, ensuring both parties know what’s expected and reducing potential misunderstandings.

    • Protection: in the event of disputes or discrepancies, a well-drafted contract acts as a protective shield for both parties.

    • Flexibility: every role and individual is unique. A good employment contract can be tailored to cater the distinctions of different roles and situations.

  • An employment contract should address the specific requirements of the relevant job type and industry, however, there are some fundamental elements that should be included in most employment contracts:

    • Parties involved;

    • Job description;

    • Term of employment;

    • Compensation;

    • Benefits;

    • Working hours and overtime;

    • Leave entitlements;

    • Probation period;

    • Termination and resignation;

    • Confidentiality, non-compete and non-solicitation clauses.

    This only provides an overview of clauses that should be included in an employment contracts. To ensure your contract is legally binding, you should always seek legal advice.

  • To make an employee contract legally binding there must be evidence of an offer, acceptance, and consideration.

    It is best to seek legal advice to ensure your agreement is legally binding and complies with all Australian employment laws.

  • An employment contract will usually be invalid if it was created or signed under duress, fraud, or undue influence.

    It is always best to seek legal expertise when drafting an employment contract to ensure it is legally binding and compliant.

  • While you are not legally required to have a lawyer draft employment agreements, it is strongly recommended you seek legal assistance when drafting your employment agreements.

    Employment laws are complex. Having expert legal advice ensures the agreement is legally binding and compliant and assists in preventing future legal disputes.

  • Inkling Law provides cutting-edge legal services to small and medium businesses.

    • Expertise: our team, armed with extensive legal experience, are highly skilled at drafting employment contracts designed to suit your individual needs.

    • Comprehensive Coverage: from non-compete clauses to confidentiality agreements from benefits to termination conditions, our agreements leave no stone unturned.

    • Clear Communication: we prioritise clear, concise, and jargon-free language, ensuring that all parties understand and align with the terms.

    An employee contract is more than just a document; it’s a commitment to clarity, understanding, and mutual growth.

    Contact us today and let us help you craft employee contracts that safeguard your interests and lay the foundations of a thriving work environment.