An employment contract is a written or verbal agreement (or partly written and partly verbal agreement) between an employer and employee, which sets out the terms and conditions of employment. Employment contracts must meet the following set of minimum criteria, set out in the National Employment Standards:
• Maximum weekly hours
• Requests for flexible working arrangements
• Parental leave and related entitlements
• Annual leave
• Personal carers leave and compassionate leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Fair Work information statement.
An employment contract must also include conditions found in other documents, such as award and agreements.
Once an employee signs a contract, it becomes a legally binding document and it can generally only be rescinded if it can be shown that the employee was forced to sign or agree against his or her will, or was not able to understand what he or she was agreeing to and the employer was aware of this.
Accordingly, it is important to obtain independent legal advice to ensure that your contract contains appropriate terms and conditions, and meets the legal minimum requirements.
At Foulsham and Geddes, we provide advice in relation to all aspect of employment contract law. We know how to draft employment contracts in the client’s best interests and can provide strategic advice in relation to negotiating the terms of any new employment contract.
If you need help drafting or negotiating an employment contract, or otherwise have any questions regarding your rights and responsibilities when it comes to your employment contract, please contact one of our employment lawyers on (02) 9232 8033 or via e-mail at firstname.lastname@example.org