EMPLOYMENT AGREEMENTS, WORKPLACE POLICIES AND INDEPENDENT CONTRACTOR AGREEMENTS
Do your employment contracts give due consideration to the Fair Work Act 2009, the National Employment Standards (NES), and the Modern Awards? Ours do.
Written employment agreements are to the benefit of both employers and employees. They set out the ground rules of employment, help the parties understand what entitlements they are owed, limit the risk for employers and can help solve workplace disputes.
Employers should consider the following elements of employment agreements to protect their businesses from expensive employment disputes:
- Description of duties and subsequent entitlements.
- Confidentiality and reasonable restraint of trade provisions.
- Payment, claw-back, and set-off provisions.
- Notice requirements and other NES or Award terms specific to the type of employee.
Employers must remember that different kinds of employees require different agreements. A casual or part-time employment agreement will not contain the same terms as that which applies to a full-time employee. For further clarification, give Websters Lawyers a call on the number below.
Workplace Policies and Procedures
When properly drafted and implemented, workplace policies can keep employees safe and can protect employers from workplace claims or damage to their business and property.
It is not uncommon to see employers attempting to implement their company policies within their employment contracts. Our employment law experts recommend that employers keep these documents separate, so that their policies bind the intended personnel.
For example, should an employer fail to abide by a policy contained in an employment agreement, it can give rise to a breach of contract claim by the employee. Instead, we recommend that employment agreements refer to company policies as lawful directives provided by the employer, and that separate documents be implemented by the employer for company policies.
Our dedicated workplace lawyers are ready to speak with you about what makes your business tick, and can provide you with advice as to what policies could help keep your employees safe and your business assets secure.
Independent Contractor and Subcontractor Agreements
Contractor agreements and employment agreements are separate concepts with significantly different terms. If you are unsure as to whether a worker is an employee or contractor, please speak to one of our employment experts at your earliest convenience.
Unlike employees, contractors and subcontractors do not enjoy the benefits of superannuation, leave, and other common employment entitlements. In return, they have more control over their work, can often negotiate their pay and working arrangements, and are bound by fewer policies than employees. Their working agreements must reflect these differences, and business owners should be able to clearly demonstrate that the indicators of “employment” are not present to avoid a claim for employment entitlements.
Our employment law team can discuss these differences with you and provide you with contractor and subcontractor agreements which clearly demonstrate the indicia of non-employee workers. Call us today on (08) 8231 1363 for more information.