In Short
- Clearly outline the employee’s position, duties, start date, employment status, and workplace location to avoid misunderstandings.
- Consider including clauses on confidentiality, compliance with workplace policies, and proper use of company property.
- A probation period can help assess suitability, but termination rules must comply with legal requirements to avoid disputes.
Tips for Businesses
When drafting an employment agreement, be specific about job duties, expectations, and any flexibility you need for future changes. Ensure confidentiality and workplace policies are covered, and clearly define probation terms. Seeking legal advice can help prevent disputes and ensure compliance with employment laws.
Drafting an employment agreement is crucial for establishing the relationship between you and your employees and protecting your interests. In addition, it helps define the position and duties of the role whilst imposing certain rules and obligations on both parties. ‘Position and duties’ refers to the role of the prospective employee and the tasks that make up that role. When drafting this clause into the agreement, you must include several provisions. Ultimately, seeking legal advice from an employment lawyer helps ensure the correct drafting of the agreement’s terms and conditions.
What Are the Important Provisions of the ‘Position and Duties’ Clause?
Firstly, the employment contract should detail the start date, so there is no confusion about when the new employee is to commence work. Additionally, detail the employment status of the employee. For example, will they be working part-time, full time or casual?
Also, consider confidentiality clauses to entrust the employee to promote and protect business interests. You should also state the requirement for employees to comply with all lawful and reasonable directions, including any workplace policies and procedures. Finally, note the requirements for using company property and any required permissions.
Finally, ensure to include the location of the workplace but note that your employee may also be required to work in other locations.
Alteration of Duties
It is also important to note that you may reasonably alter the employee’s duties and responsibilities at any time. Whilst you may alter the employee’s position and duties, the employment agreement provisions will still apply.
Continue reading this article below the formIs a Probation Clause Necessary?
Sometimes you might want to include a probation period in the employment agreement. A probation period serves as a ‘trial’ period for newly hired employees, during which you will assess the suitability of your employee’s continuing employment in their position. The progress and performance of the new employee will normally determine whether or not you will choose to keep employing the individual.
Suppose either you, as the employer, or your new employee chooses to end the employment during the probation period. In that case, the employment agreement will usually dictate how this occurs, including the required notice period. Whilst the requirements around termination within the probation period are normally not as stringent as an employee who has completed probation, you should consult a business lawyer to determine what is required of you to avoid a general protections claim.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Key Takeaways
As an employer, you should take drafting your business’ employment agreements very seriously. Both you and the new employee must understand each other’s expectations. If you need assistance in drafting an employment contract, 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
In an employment contract, clearly communicate your employee’s position and duties to ensure understanding of the expectations of the role. Understanding your employee’s position and duties may also assist in determining the employee’s classification under any relevant modern awards.
Can I alter my employees’ position and duties?
You can include a clause in your employment contract which allows for reasonable alteration of duties at any time. However, should you wish to alter duties, the employee will still be required to comply with their employment contract.
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