An employment contract sets out the terms by which you are employed and will include things like your hours of work, pay rate and termination provisions. Signing your employment contract means that you are agreeing to adhere to the terms that it sets out. You may not realize the implications of the terms of your contract until well after you signed it. A lot of the time, people don’t pay much attention to their employment contract until an issue arises with their employer. If there ever is such an issue, the terms of your contract are going to be extremely important.
For this reason, it is critical that you understand everything that you are agreeing to before you sign on that dotted line. Enlisting the professional services of a competent lawyer to review your employment contract is a valuable way to ensure that you understand what your rights are, what your employer’s rights are, and whether there are any clauses that might one day take you by surprise.
Here are some other reasons why a review of your employment contract is important:
- To ensure that the drafting of your contract complies with legislative requirements including the Fair Work Act and the National Employment Standards . For example, these standards relate to maximum weekly hours, parental leave, notice of termination and the provision of a Fair Work Information Statement.
- To ensure that all critical clauses have been included in the contract.
- Some contracts can contain discretionary clauses, giving the employer an unfair advantage. A competent lawyer will be able to discern whether you would be subject to discrimination or less favourable treatment compared to other employees.
- To ensure that the terms of the contract are clear and free of ambiguity. This is important to ensuring that both you and employer’s understanding of the terms are the same.
- To ensure that you as the employee are fully aware of your responsibilities.
- To ensure that the contract accurately reflects your understanding of any verbal agreements that have been made by you and your prospective employer, to you prior to signing the contract.
- To ensure that any conditions relevant to your individual circumstances are appropriately set out by the terms of the contract.
Would you like an employment contract review? Contact us
We can arrange an employment contract review with one of our Employment Lawyers. This review can be done either in person or online and outside business hours. Please contact our office on (07) 3252 0011 and speak with one of our Business Development Officers to arrange an appointment today.
This article was written by Natasha Duff (Lawyer).
Please Note: This is not legal advice but it may help you understand the law. Read more...