All employees are required by law to have a written employment agreement.
Where an employee is not covered by a collective agreement, they must have a written employment agreement which must include:
The names of the employer and employee
A description of the work to be completed by the employee
An indication of where the work is to be performed
An indication of the times that the employee is to work
The wages or salary payable to the employee
A plain language explanation of the services available for the resolution of employment relationship problems including a reference to the 90 day time limit for raising a personal grievance
In addition to the above requirements, a good employment agreement will also cover:
The employer’s and the employee’s obligations to each other
Leave and holiday provisions
Health and safety
Disciplinary and performance procedures
Confidentiality and restraint of trade
Redundancy and termination
Employees must be given a real opportunity to seek legal advice when being offered an employment agreement. Additionally, any changes to an employee's terms and conditions can only be made with the employee's agreement.
Many employers draft their own employment agreements or modify agreements that others have prepared. While these agreements may (although frequently they do not) meet the minimum requirements of the legislation, they generally do not adequately protect the employer’s interests.
A well drafted agreement will make use of tested clauses that ensure that both parties clearly understand what is expected of them and what will happen in relevant circumstances. An investment in a professionally drafted agreement will usually result in fewer employment disputes and more efficient (and less costly) resolution of disputes if they occur.
Our employment team has considerable experience working with employers to tailor employment agreements to their particular needs. We also have extensive experience reviewing draft employment agreements for employees and advising them on the effects of the same during the bargaining process. Please contact one of our employment experts for further assistance in this area.
