Before signing an employment contract, all parties should be aware of their respective rights and duties. Otherwise, employers may face certain liabilities, and workers may lack confidence in their jobs if no formal agreement exists. Labour laws typically mandate employment contracts for most occupations. To avoid any misunderstandings later on, it’s important to have a firm grasp of how employment contracts work before signing anything. But if you need any employment contract advice Melbourne, it would be a good idea to reach out to an employment contract lawyer to explain to you all the legalities of that document.
A typical employment contract includes a number of terms and conditions, such as the job title and responsibilities of the position, the salary to be paid, and any other restrictions on future employment. Learn more about these terms as elaborated below.
Job Title & Duties
One of the first things to check is that the employment contract should have the same job title and responsibilities as mentioned in the original job post. The last thing you want as a job candidate is to be shocked to learn that these terms are different on the employment contract they were presented with than what they expected coming in. This is not uncommon either, and most of the time, it’s done deliberately.
Before signing, potential workers should bring up any discrepancies with the hiring manager or HR manager. It could be a mere clerical mistake that was the cause of the problem. However, if you have any doubts about your employer’s expectations of you, speak up or leave the room before that document binds you. Better yet, don’t sign the document on the spot; bring it home with you if the employer allows it. You will have more time to scrutinise each clause and consult a professional for some employment contract advice Melbourne if you find anything suspicious.
When an employee signs a contract, the employer may alter their job title from “manager” to “supervisor” or “lead,” for example. This seemingly minor change in language can have a significant impact on factors like compensation, benefits, and job duties.
Compensation & Incentives
Many employers present a job offer letter to highlight the important terms and conditions of employment, such as the compensation, benefits, and start date. This offer letter streamlines the employment process and outlines any preconditions for workers.
This letter should be read by every potential employee, and any issues should be discussed with the hiring officer before a formal contract is signed. Workers’ compensation and the impact of performance-based incentives are critical to note and understand in full context. These necessary details should be stated in the offer letter and employment agreement.
In most cases, candidates agree on the most critical parameters, although they may want to haggle over the initial salary. It’s possible that the salary details do not match the original expectations. For example, part of the compensation could be divided into commissions and bonuses.
It’s best to research the typical pay of a job position before applying to establish what compensation you want and what salary you are willing to accept. The next step is to rehearse pitching to a prospective employer on why you’d be a good fit for the company.
You might discuss compensation during the interview process or in an offer letter or contract. Either way, you as a candidate should be prepared to highlight the value you can provide to the company. Negotiation skills may be learned, but when you have, it can help you get paid the amount you’re worth. If it helps to get employment contract advice Melbourne before showing up to contract negotiation, by all means, go for it as it could be your only chance.
Work Schedule, Overtime, & Vacation
It’s pretty standard for schedule details like workdays, work hours, overtime, and vacation benefits to be outlined in an employment contract.
For workers to enjoy the standard two weeks vacation each year, many employers now require their workers to accumulate these vacations throughout their employment. Some require new hires to go through a probationary period (typically 3 to 6 months) before taking advantage of any paid time off.
Companies and industries may have different overtime pay policies when it comes to overtime. Some companies pay their employees overtime at a rate of 1.5 times for every additional hour worked. Assumptions about how overtime is calculated should be spelt out clearly. There may be restrictions or limits on how much time an employee may work above the standard number of hours per week in your city or state.
A restrictive clause, sometimes known as a restrictive covenant, forbids an employee from doing any action that might be detrimental to the employer. An employer, for example, may include any of the below terms in a contract:
Restrictive covenants should be sifted through by employees who are moving employment. A lawsuit is less probable if you stick to your commitments. If you find something questionable in any of these clauses in the contract, better opt for employment contract advice Melbourne before it’s too late.
Restrictive clauses, however, need to be fair. Restrictions may be removed from contracts by judges if they are excessively broad or way too long-term.
Employment Contract Advisors in Melbourne
As an employer or an employee, filling a job vacancy provides a set of challenges and possibilities. The agreement should represent the rights and duties of all parties involved, so study it thoroughly. After all, a legally binding contract safeguards both employers and workers.
If you need experts on employment contracts or simply looking for someone to provide you with employment contract advice Melbourne, call us or visit our office in Melbourne. One of our lawyers can discuss your concerns with you before you sign the dotted line.