Is Employment Agreement A Legal Document?

By Author: Robert Mark
Total Articles: 7
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Employment agreement is a legal document that sets up the employment relationship between employer and employee. Employment agreement must be equitable in all aspects and never violate the statutory privileges of the employee. Employment agreement must spell out the nature of the job of the employee. Employer cannot modify the employment contract without the approval of the employee.

The lowest rates of pay for employees are $15.51 per hour or $589.30 per week. Employment agreement must incorporate the following significant provisions:
• Nature of job
• Work hours
• Workplace
• Employment status
• Salary
• Term of employment
• Grounds of termination
• Notice periods for termination required by Fair Work Act 2009
• Leaves
• Other statutory entitlements.

Employment agreement can be written or unwritten. Employment agreement must be in written form because it proves the intention of the both employer and employee. An unwritten agreement can also be legally binding, but the terms of an unwritten contract are often difficult to prove without ...
... written evidence. It’s always foremost to get a written employment contract.

The target of a written employment contract is to specify rights, obligations of employer and employee. Employees are entitled to specific statutory entitlements even the employment contract is not in written form such as:
• federal awards setting out wage rates and conditions for groups of employees across industries;
• minimum wages, which are set and adjusted by Fair Work Australia;
• the National Employment Standard, which sets out 10 minimum employment conditions that most employees are entitled to;
• enterprise agreements setting out conditions for a whole group of people in a workplace (rather than individual workers);
• Australian Workplace Agreements (AWAs) or Individual Transitional Employment Agreements (ITEAs), which are individual, written employment contracts made before 1 January 2010;
• Collective agreements for groups of workers.

Employment agreement can be terminated in number of ways:
• Expiry of the term
• Completion of the task
• Breach of the contract
• Dismissal
• by mutual consent
• By operation of law etc

Employment policy must produce healthy employment atmosphere and discourage the unlawful discrimination. The law claims that employment policies must not disqualify you the job due to race, age, sex, religion. It is the duty the employer to establish fair employment policies. Employment policy must provide equal opportunities to every employee.

The permanent full-time employees are generally entitled to at least:

• 4 weeks paid annual leave
• 10 days paid personal / carer’s leave per year
• 2 days unpaid carer’s leave (when needed)
• 2 days paid compassionate leave (when needed)
• 12 months unpaid parental leave (with additional entitlements for some employees).

Employees are entitled to make a workplace complaint to the Fair Work Ombudsman if they believe they aren’t getting the correct:

• Pay;
• conditions (e.g. annual leave or sick leave);
• workplace rights (e.g. someone tried to force you or has forced you to sign an agreement).

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Employee Agreement-Employee Policy-Employment Agreements-Employment Policies