An Employment Agreement is a contract between an employer and an employee that sets out the terms and conditions of employment. Generally, an employment contract will be comprised of key elements which include:
An employment contract will usually include information such as a description of the role, tasks and duties of the employee. This encloses employee pay entitlements, hours of work and employment basis such as whether the employee is hired on a full-time, part-time, or casual basis.
Payment, Benefits and entitlements
An employment contract should also set out employee salary, payslips, PAYG Tax and Superannuation. Additionally, terms regarding Fridge Benefits or other allowances that are included during employment should be set out as well. Employee leave entitlements should also be included and will change depending on the employment basis. Additionally, the employees entitlements and rights according to the National Employment Standards and Modern Awards should be included.
Confidentiality and IP Rights
An employment contract also sets out the rights and obligations of each party and can also provide commercial protection for the business. Non-disclosure, non-compete and non-disparagement clauses will protect the business by ensuring that the employee does not engage in harmful behaviour that negatively affects the business. The employee and employer IP rights may also be necessary to set out ownership in positions where new contract, services, designs, images, music, art or any other creation is made during the course of employment.
Policies and Termination Rights
More specific policy considerations may also be useful to set out such as, drug & alcohol policy, phone use policy and company vehicle policy. It is also important that the contract sets out termination and breach of contract clauses to protect the business.
At IP Partnership Lawyers, we are experts in providing advice on protection of your rights during employment. We can provide advice, review contracts and agreements and represent employees during mediation and litigation. We may also be engaged to deal with claims of discrimination and harassment; Illegal or improper termination; breaches of employment rights, contracts, and agreements.
If you or someone you know has been treated unfairly by your employer, or has experiences discrimination, harassment, or illegal termination, you should contact us today to provide advice to you to discuss your rights.