Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! It is often helpful for the parties to have agreed to a number of key aspects of a particular role, and for the employer to identify the more important standards or targets that the employee is expected to meet. Similarly, any supervisory responsibilities of the employee should be clearly identified. See full list on queenslandlawhandbook.
Usually, a contract of employment has no set period of time. In some cases, a contract is specifically designed to run for a set period of time (fixed-term or fixed-period contract) or is made to fulfill a specific purpose. Where such a need arises, particular attention should be given to the termination clauses to make sure that they are compatible with the fixed term or specific purpose. If a contract can still be terminated at any time by giving notice, it is better described as a contract of nominal duration. Where a contract is entered into for a fixed period of time or for a particular purpose, consideration should be given to whether the parties will renew or refresh their relationship when that initial period or purpose comes to an end.
If so, attention should be paid as to whether the renewal. It is usual for an employer and an employee to agree on the total value of a package. The value of the total package will be relevant when considering whether or not an employee is entitled to apply for relief in the event of an alleged unfair termination. This will be discussed in Unfair Dismissal.
All employees who earn above a fixed minimum amount per calendar month must, according to federal legislation, have a minimum percentage of their ordinary time earnings paid into a complying superannuation fund by the employer. These contributions are a statutory obligation imposed upon the employer. While the parties cannot opt out of this minimum standard by agreeing to have a smaller contribution pai it is open to the parties to agree for additional amounts of the employee’s salary to be paid into superannuation. These salary sacrifice arrangements should be specifically discussed with the employer, who will generally be willing to make such payments provided they are lawful and can be undertaken without any unnecessary administrative difficulty. While most employers and unions will have complying superannuation funds to which they would like to direct their employees, legislation now requires an employer to allow an individual employee to choose their own complying superannuat.
Irrespective of jurisdiction, there are minimum standards relating to leave entitlements that cannot be compromised by the employer. Generally, the federal and state leave standards are much the same. It is helpful to look at the different types of leave available to employees in a little more detail.
Every employee is under a duty of good faith. That means the employee must work diligently and faithfully in the service of the employer and must not, for example, undertake any activity that is in conflict with the interests of the employer. For example, during the course of employment, an employee must not use information about the employer’s business, its customers or clients to assist the business of a competitor, or store up that information for use in the employee’s own business later, in competition with the employer. Similarly, if the employee is in possession of a trade secret or other information that is properly regarded as being confidential, then the employee is under a continuing duty to keep that confidentiality even after the termination of employment. The categories of information properly regarded by the law as confidential are limited.
It will not necessarily include names and addresses of clients. If an employer wishes to limit a former employee’s right to contac. We are here to ensure that your legal obligations are met and are on-hand to provide advice in situations when those obligations are not met. Skip links and keyboard navigation.
An agreement that lacks one or more of the elements listed above is not a valid contract. MPAQ have a suite of employment contract templates available for members only. These templates provide an extended range of important employment related information to help you in managing your employer-employee relationship.
This brings Queensland ’s industrial relations system into line with the federal system that covers workers across Australia. The name of the employer (who can be an individual, organisation, or corporation, depending on the situation) and their contact information. Contracts will differ for different categories of employees. The Queensland Industrial Relations Act mirrors numerous provisions in the Fair Work Act including those related to workplace bullying and harassment, and general protections. In addition, there are various federal laws dealing with discrimination, which impact on all contracts of employment.
Who can use this infosheet? An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. Can a contract provide for less than the legal minimums? A contract can be in writing or verbal.
It can be used for a range of different employment types, including full time, part time, casual, and fixed term. This Agreement sets out all of the terms of employment , including job duties, salary and benefits, work hours, confidentiality, annual leave and various other key terms. That is, new employees are hired during a period of desperation and the main focus is to get boots in the field or a backside in a seat to ensure work can. Industrial relations legislation in Queensland allows some highly-paid employees to work on individual employment contracts.
Senior officer employment contracts – Public Service Commission. What terms do I include in employment contracts to protect my intellectual property? For an employer to protect its intellectual property in relation to its employees, every employment contract should deal with the following essential terms.
It outlines the responsibilities, obligations and entitlements that each party has to the other. It is vital to have a well documented employment agreement prepared by an experienced lawyer with expertise in employment law. Our lawyers have many years experience in drafting employment agreements for employers rising from small business up to large multinational and international corporations. This infosheet is designed to explain the key elements that are present in everyone’s employment contract and what you can do if you encounter problems. All employees in Australia will have a common law contract of employment (whether written or unwritten) which specifies terms and conditions with their employer.
This contract is subject to Australian Government, and in some instances state and territory government, legislative requirements. The employment contract may be based on a workplace agreement between an employer and a group of employees or industry-based awards. A fixed-term contract is one where the employment will continue until an agreed date.
The term is fixed in that it has a start and a finish date inserted into the employment contract. Sometimes a fixed-term contract will include an employer’s right to terminate the employment contract on certain grounds.