It is often important to take advice before you employ someone, or before you sign an employment contract or agreement. Taking advice early can save grief later.
what are the expectations of the employee and employer?
As an employee – have you been made any promises to induce you to accept an offer of employment? As an employer – are there certain budget expectations or performance requirements that you are expecting. These should be documented in the employment contract to avoid any confusion or potential argument later.
What protection does the employer need to prevent unfair competitive practices?
Is there confidential information that must be safeguarded? Does the employee need to be prevented from working with a competitor for a period of time following cessation of employment. What impact will such clauses have on the employee, and will the clause be legally enforceable?
What about intellectual property?
Will the employee be creating intellectual property, and if so how will it be owned? Is there intellectual property that the Employee owns and is bringing with them? How will that be used by the Employer? Do you need a licence agreement to allow for this use?
What entitlements will apply to the Employee?
Does a Modern Award or Enterprise Agreement apply? How will this impact on their salary and penalty rates?
Should the Employer be engaging an Employee or an Independent Contractor?
What are the legal, taxation and superannuation consequences of such a decision? Is it “sham contracting” to engage the person as an Independent Contractor?
These questions, and many others, demonstrate the importance of taking legal advice before the employment relationship commences. Our specialist Brisbane employment lawyers can advise on all aspects of the hiring/engagement process, including:
– Advice and drafting of Employment Contracts (understanding and drafting Restraint of Trade clauses, Confidentiality Agreements, Intellectual Property Ownership, Employee and Employer expectations and obligations)
– Drafting of Enterprise Agreements (and assistance in negotiating)
– Independent Contractor/ Service Agreements (understanding and drafting Service Agreements, including service provider/contractor expectations and obligations, Confidentiality, Restraint of Trade, Intellectual Property Ownership, Sham Contracting, Unfair Contracts Jurisdiction)
– Avoiding unlawful discrimination in your hiring practices.
For more information regarding employment agreements
Please contact our Business Development Team or call us on (07) 3252 0011 to book an appointment with one of our Employment Lawyers today. We do offer fixed fee high point advice for employment contract and or independent contractor agreement.