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Disclaimer

This is not advice. Items herein are general comments only and do not constitute or convey advice per se. The information contained in these articles is for guidance only and should not be relied upon without obtaining professional advice having regard to your direct circumstances.

 

Employment Contracts with examples

To make your employment process more formal employers can provide employment contracts for each employee. These contracts allow you to document the terms on which you are hiring an individual within a legally binding agreement.

All employment contracts must contain:

  1. An offer and acceptance
  2. Intention by the parties to create a legal relationship
  3. Details of employment position, including reporting relationships and a complete job description
  4. Commencement date and, if the employment is for a fixed term, the end date
  5. Details of employee compensation, including hourly wages, salary, commission, etc.
  6. Details of working hours expected for the role, including any meal breaks
  7. Details of leave entitlements

Other details that may be included are:

  • confidentiality clauses,
  • customer service standards,
  • uniforms or dress standards,
  • OH&S policies
  • probationary periods, and
  • if the role consists of rosters or shift work.

Having a written policy can clarify standards and reduce the risk of interpretation by employees. These contracts or agreements can also be referred to if problems arise in the future.

An employment contract will create binding duties and responsibilities for both the employee and employer. The employee must meet their contractual obligations by:

  • performing the work outlined in the job description,
  • obeying all lawful and reasonable commands,
  • displaying due care in work and performance of duties, and
  • being faithful to the employer’s interests.

While the employer must agree to:

  • pay the salary or wages as specified,
  • meet the conditions under which the employee was hired, and
  • provide safe working conditions.

Employers should ensure that all employment contracts comply with current Australian legislation and remain up to date with the employee’s role within the company. If an employee’s duties or responsibilities change then a new contract should be entered into.  

Draft Employment Contract
Draft Employment Contract - Shift Work
Draft Employment Agreement


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