Many employers and contractors often face the dilemma of having workers appointed as independent contractors that may legally be deemed employees. This can impose a significant risk to the employer’s business in regards to taxation, sham arrangement penalties and employee entitlements they did not know they were obliged to meet under the Fair Work Act and Regulations.
Read about some recent restraint of trade issues in the news.
It is important you talk to an experienced lawyer with proven experience in Industrial Relations and Employment Law so you know where you stand.
Employment Contract Requirements
Employment contracts can be either written, verbal, or a combination of the two, between an employer and employee that outlines the terms and conditions for employment. The National Employment Standards dictates that they must include the following:
- Annual leave entitlements
- Long service leave
- Public Holidays
- Number of hours to be completed weekly
- Family and parental leave
- Redundancy Packages
- Access to the Fair Work information statement (FWIS)
- Notice of termination details
- personal/carer's leave
- Flexible hours for parents or carers
In addition to the above, an employment contract may also include terms from other sources including but not limited to, remuneration and salary.
The Employment contract becomes legally binding when the employee signs the contract. If it can be proven that the employee was coerced into signing a contract, or that they did not completely understand the conditions, then the contract may be overturned. This is why it is imperative that your contract contains the required terms and conditions.
Employment Contract Lawyer Sydney & Gold Coast
If you require assistance in ensuring your employment contract meets all the requirements, please call or send us an enquiry today.