What clauses should be in an employment contract?

What clauses should be in an employment contract?

These key clauses include:

• Overtime and Hours of Work. …
• Leave. …
• Expenses and Salary. …
• Work Health and Safety and Obligations. …
• Termination and Redundancy. …
• Restraint of Trade. …
• Confidentiality. …
• Intellectual Property.

Can a mobility clause be implied in a contract of employment?

However, in order to maintain a degree of flexibility to allow for circumstances whereby it may be necessary to require employees to move from one location to another, relocation or mobility clauses are typically incorporated into employment contracts.

Can my employer force me to work at a different location?

If your employer wants to change the location of your place of work, they may seek to rely on a ‘mobility’ clause in your contract. To be enforceable, mobility clauses must ordinarily be clear and specific about the potential for your work location to change.

What are the five main inclusions in an employment contract?

Employment Contract: Five Essential Clauses You Need

• National Employment Standards and Minimum Awards. …
• Remuneration. …
• Role responsibilities. …
• Termination.

What are the 4 types of employment contracts?

There are four main types of contract businesses use, these are permanent, fixed-term, casual and zero hour. The contract you receive is based on your employment status and is to be agreed with the employer to ensure both parties are happy with its terms.

What is a reasonable mobility clause?

A mobility clause says employees have to move within certain limits. It means that employers can normally force their employees to move to places allowed by the clause, unless this is completely unreasonable. Example. It would be unreasonable to ask an employee to move to another country with only 1 day’s notice.

Can an employer enforce a mobility clause?

A well-drafted mobility clause that reasonably considers likely business needs and the employee’s role has a good chance of being enforceable.

What is a reasonable distance in a mobility clause?

What is meant by ‘reasonable distance’? A ‘reasonable distance’ in relation to the relocation will depend on the individual circumstances of the business, the reason for the move and the individual circumstances of the affected employees.

Can an employee have two work locations?

In most cases, if two or more locations or entities are sharing employees in an integrated practice (where the locations have common ownership, share the same handbook and policies, etc.), even if they are separate legal entities, the hours those employees work in each location should be combined for the purposes of …

What is classed as a permanent place of work?

A place at which an employee works is a permanent workplace if he or she attends it regularly for the performance of the duties of the employment. It is usually clear whether or not a place is an employee’s permanent workplace (and, therefore, whether a journey to that place is ordinary commuting).

Can I refuse to work weekends?

The legal test for a worker’s right to refuse a demand to work on a Sunday or work weekends is whether they have “reasonable” grounds. That definition can mean many things and it’s best to get legal advice for each particular case.

What are the 3 types of employment contracts?

Types of Employment Contracts: Permanent employment, temporary employment and independent contractors.

What needs to be included in a contract?

To be legally binding, a contract needs two essential components: 1) an agreement, and 2) consideration. Within the agreement and consideration lies an assortment of provisions that add to the legality of a contract.

What should you watch out on a contract of employment?

Here are five things you should check before signing a new job contract.

• Job title and duties. You need to review the job title and duties as indicated in the employment contract. …
• Salary and benefits. …
• Start date and working hours. …
• Holiday pay and sick leave. …
• Restrictive covenants.

What is the most common employment contract?

The most common contract is a permanent contract, which means the term of work is indefinite. Employees on permanent contracts can be full-time or part-time and typically receive benefits.

What is a standard employment contract?

Definition and Examples of an Employment Contract An employment contract is a signed agreement between an individual employee and an employer or a labor union. It establishes both the rights and responsibilities of the two parties: the worker and the company.

What are the two types of employment contract?

There are three main types of employment contract: permanent employment contracts, fixed-term contracts and casual employment contracts.