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Employment Agreements

Employment Agreements. We will cover:. Minimum requirements Common mistakes Employee v Contractors Fixed term contract Casual employees Restraint of Trade Trial Periods. Employment Agreement. Contract for Service Collective agreement Individual agreement. Minimum Requirements.

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Employment Agreements

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  1. Employment Agreements

  2. We will cover: • Minimum requirements • Common mistakes • Employee v Contractors • Fixed term contract • Casual employees • Restraint of Trade • Trial Periods

  3. Employment Agreement • Contract for Service • Collective agreement • Individual agreement

  4. Minimum Requirements • Must have an employment agreement • Employer must retain a signed copy • Mandatory clauses: • Parties • Position and duties • Place of work • Hours • Type of pay • Public holidays • Process for resolving employment relations problems

  5. Who is an employee? • Volunteers • Contractors v employees • Indicative: contract, industry practice • Intention of parties • Control: hours, location, tax • Number of employers • Employees • Supply own equipment • Type of business • Independence

  6. Fixed term contracts • Must be for a reason • Specify the date, event or project • Rolling over the contract • Should contain a provision allowing for early termination

  7. Casual Employees • No expectation to give or work hours • No expectation of continuing employment • Disadvantage not to offer hours where they are available • Contract

  8. Restraint of Trade • Must be reasonable • Geography and Time constraints • Essential to protect business • Public Interest

  9. Trial periods • Trial periods have strict requirements • No more than 90 days • In writing • Negotiated in good faith • New employee • Notice period • Benefits • Can’t raise PG for dismissal (though disadvantage etc. still available) • No required to provide written explanation (but Good faith)

  10. Probationary periods • Best practice • More like a performance agreement • Requirements • In writing • Duration and tasks are limited • Benefits • Gives employer a fair opportunity to assess the skills • Does not limit legal rights or obligations • May have shorter notice periods/shorter prescribed process

  11. Questions

  12. THANK YOU

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