If you want to start an architecture firm or expand your existing architecture business, you should consider what to include in your employment contracts. As an architect, a number of your staff will prepare drawings, designs, plans and models of buildings. This is likely to be an involved and collaborative process. Therefore, each employee must know precisely what you require of them. A strong employment contract is the best way to ensure that your employees know their rights, obligations and responsibilities. This article will take you through what an architect should include in their employment contracts.
Where To Begin?
When discussing employment contracts, it is best to consider the type of business you operate. What is your business model? What roles and responsibilities? The importance of clearly drafted employment contracts cannot be understated, as they are the blueprint for your running your business.
You must clearly state the roles and responsibilities of each employee in their employment contracts. When each employee knows exactly what you require of them, they can complete all tasks diligently and to the highest possible standard. Consequently, this can strengthen your business’ reputation. By carefully considering each employee’s role in your company, this will assist you with preparing their employment contract.
The National Employment Standards
As an employer, you must offer terms and conditions of employment that meet the minimum entitlements established by the National Employment Standards (NES). The NES set out 11 minimum workplace entitlements which touch upon:
- termination;
- working arrangements;
- leave entitlements;
- redundancy; and
- access to information.
Regardless of the type of employees you have, the NES must be met. As an employer, you must remain aware of changes to the NES and update your employment conditions accordingly.
A breach of the NES will result in your employment contracts being invalid. As such, the first thing you should consider when preparing employment contracts for your employees is whether the provisions you have included meet the NES.
Continue reading this article below the formWho Owns My Business’ Intellectual Property?
Architects create something out of nothing. Therefore, to ensure that someone else does not inadvertently copy your designs, you must draft clear terms for protecting your intellectual property in your employment contracts.
Having appropriate termination procedures in place can also help avoid confidentiality breaches. For example, you may include a provision in your employment contracts that require the employee to hand over all business property on their last day, such as their work laptop. You should also disconnect the employee’s online access to company files and remind them of their ongoing confidentiality obligations.
Restraint on Competition
You may also be conscious of your employees using and sharing your ideas with competitors. This may result in someone else ultimately profiting from your ideas. To address this, consider including a clause in your employment contract preventing employees from undertaking certain commercial activities after leaving the business. You must draft restraints on trade for an agreed period and in an agreed area. Otherwise, they may be unenforceable.
Other Provisions to Include
In addition to the provisions outlined above, several general points are included in most employment contracts. This includes:
- a clear job description;
- the nature of the employment (i.e., whether it will be full-time, part-time or casual);
- termination processes (e.g., how much notice your employee must give when quitting their job);
- reporting structure; and
- dispute resolution processes.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Key Takeaways
If you want to start your architecture firm or expand your existing architecture business, you should consider what to include in your employment contracts. Amongst other things, your employment contracts should include:
- entitlements that meet the national employment standards;
- confidentiality clauses; and
- restraint of trade clauses.
If you need assistance preparing employment contracts as an architect, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The National Employment Standards (NES) are 11 minimum employment entitlements to be provided to all employees. This includes provisions relating to termination of employment, working arrangements, leave entitlements and redundancy.
Amongst other things, your employment contracts should include entitlements that meet the national employment standards, confidentiality clauses and restraint of trade clauses. Confidentiality and restraint of trade clauses are essential for architecture firms, whose work largely depends on their ideas and intellectual property.
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