Presentation Transcript

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