Have you ever wondered what employment lawyers actually do?
As a business owner it is vital that you get your legals right, especially when it comes to employment contracts.
Employment lawyers can be invaluable to your business when it comes to drafting and reviewing employment contracts.
Read on to learn more.
First, What Are Employment Contracts?
Employment contracts are legally binding agreements between employers and employees that set out the terms and conditions of employment.
Employment contracts are vital to the working relationship between employers and employees.
Generally, employment contracts are in writing and signed by both the employer and employee. They offer protection to both the employer and the employee in the event that the contract is breached or something does not go according to plan.
Ensuring that your business’ employment contracts are of adequate standard is pivotal to your business’ livelihood.
A legally sound employment contract can provide you and your business with legal certainty, protect you from legal risk and provide you with the opportunity for legal recourse if ever required.
What Is The Role Of An Employment Lawyer?
Employment lawyers can help you draft employment contracts and conduct employment contract reviews.
As discussed, an employment contract is the agreement between you and your employee, setting out the terms and conditions of their employment. As such, it contains details such as what tasks the employee will be required to perform, what pay they will receive and what happens if something were to go wrong.
It is imperative that employment contracts are adequately drafted and regularly reviewed. Engaging qualified, experienced and knowledgeable employment lawyers can be pivotal to your business’ legals, operation and ultimate success.
So, at this point, you’re probably thinking ‘exactly what goes into an employment contract and how can an employment lawyer help me with this?’
Let’s break it down.
7 Key Elements Of An Employment Contract And How An Employment Lawyer Can Help
An employment contract includes many important elements that must be considered at length.
Your business’ employment contracts should aim to be specific to each of your employee engagements and cover all bases.
Having an employment lawyer assist with the drafting and reviewing of your employment contracts will help ensure that your employment contracts are sufficient.
Some key elements that must be considered and implemented properly into an employment contract include:
1. Description of Role, Task And Duties
A description of the role, tasks and duties that are expected to be performed by an employee must be evident in all employment contracts.
The role, task and duties must be specific to that employee’s obligations that they will fulfill throughout their employment with your business.
It is important that your employment contract details tasks and duties that can be reasonably expected of an employee. This means that you must ensure that all tasks and duties are legal and appropriate to be performed.
When drafting or reviewing an employment contract, an employment lawyer will ensure that the detailed everything the employee should deliver is reasonable, legal and appropriate.
2. Salary, Payslips, PAYG Tax And Superannuation
An employment contract should detail an employee’s salary, payslips, PAYG Tax and superannuation.
When determining an employee’s salary, it is vital that you consider the National Employment Standards, Modern Awards, the Minimum Wage and any superannuation requirements. Getting your legals right here is imperative to your business’ livelihood.
From time to time the National Employment Standards, Modern Awards and the Minimum Wage can change. Engaging an employment lawyer can help ensure that you stay up to date with these important considerations.
When drafting or reviewing an employment contract, employment lawyers will ensure that your business’ employment contracts are in accordance with all the necessary requirements.
3. Leave Entitlements
An employment contract should detail what leave the employee is entitled to.
This will change based on whether your employee is a permanent employee or a casual employee.
An employment lawyer will ensure that an employment contract details the correct leave entitlements.
A confidentiality clause can be really important to have in your employment contracts.
Confidentiality clauses can ensure that your employees are bound to maintain your business’ trade secrets.
Drafting confidentiality clauses can be tricky. Employment lawyers know what a confidentiality clause can contain and how they should be drafted in order for them to be effective.
When it comes to confidentiality clauses, you want to ensure that they will achieve their purpose. Engaging an employment lawyer to draft or review your employment contracts confidentiality clauses can help achieve this.
5. Termination Rights And Breach Of Contract
If something goes wrong, you want to ensure that your employment contracts are drafted adequately to help you and your business achieve the best possible outcome.
Having solid and effective termination and breach of contract clauses is imperative to ensure that your business is protected in the event that something does not go according to plan.
An employment lawyer will ensure that these clauses are appropriately drafted, placing you and your business in the best possible position if there is a breach of contract or you or your employee wishes to terminate the employment contract.
6. Work Policies and Procedures
Your business’ policies and procedures must be made clear in your employment contracts. This will ensure that all employees have been made aware of these policies and procedures and that they adequately abide by them.
An employment lawyer can help draft these relevant clauses in an employment contract. An employment lawyer can also assist in reviewing these clauses in the instance that your business’ policies and procedures change or update.
7. Fair Work Considerations
Fairwork Australia requires employers and businesses to provide employees with a range of information when beginning employment.
For example, employers are obligated to provide employees with a copy of the Fair Work Information Statement before an employee begins their new role. Further, employers are now required to provide any casual workers with the Casual Employment Information Statement.
Ensuring that you are on top of all of these requirements is really important to your business’ legals and operations.
An employment lawyer is well equipped with the knowledge your employer obligations. Engaging an employment lawyer can help ensure that you are on top of all of your legal requirements when engaging a new employee.
Thinking Of Engaging An Employment Lawyer?
Evidently, engaging an employment lawyer can significantly benefit your business and help ensure you are getting your legals right.
It is really important that your business has property drafted employment contracts. An employment lawyer can help ensure this. Employment lawyers can also assist in reviewing your employment contracts to make sure that you are meeting your legal obligations as an employer.
At Sprintlaw, we have a team of experienced lawyers who can assist you with drafting or reviewing an employment contract for your business.
Engaging a Sprintlaw employment lawyer will help your business gain greater legal certainty, protect you from legal risk and provide you with the opportunity for legal recourse if needed.
Have More Questions?
Wrapping your head around employment contracts can be a tricky task. We are here to help.
Reach out to our team for a free, no-obligations chat at email@example.com or 1800 730 61.
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