What is an employment contract?
Every Sydney professional should receive a legally-binding employment contract. Depending on your industry, you may receive an initial offer letter or verbal agreement, whereas in others you will receive a detailed written agreement.
Regardless of its nature, your agreement is a legally-binding document that details your key terms and conditions when working with the company. This also includes the rights and responsibilities of both you and your prospective employer.
Federal and state legislation combines to create employment contract law. New South Wales state law covers elements like freedom from discrimination, harassment and workplace bullying, as well as health and safety and leave entitlements. The Fair Work Act 2009 (Cth) and National Employment Standards cover the minimum conditions, entitlements and terms you can expect from your agreement.
They can be quite complex to understand and this is why it is a good idea to enlist professional Sydney employment contract lawyers.
Why are such agreements important?
These agreements are imperative for protecting the relationship between you and your new employer. They hold both you and your employer accountable if either party fails to meet the requirements of what you both agreed upon. It must also detail what kind of work you will be doing (full-time, part-time, casual etc.).
These agreements may also include stipulations that state and federal legislation do not cover. This is done to ensure that both you and your employer are fully aware of the conditions, expectations and obligations you must meet to have a fair and just working relationship.
These conditions can include the kind remuneration you should expect for your work as well as any commissions, bonuses or parental leave entitlements. You may like to contact Sydney employment contract lawyers to ensure you fully comprehend the conditions, expectations and terms outlined in the agreement as these can be quite complex i.e. the rules regarding non-disclosure agreements and intellectual property ownership.
If it appears that there has been a breach of the agreement then its wording will help you and your employer reach an understanding before things become bitter. Having legal assistance in your corner can also help to comprehend your agreement and what is expected of you and your employer throughout your time working with them.
Are such agreements mandatory in Sydney?
No, it is not mandatory to have a verbal or written agreement. However, it is highly advised for both employers and their prospective employees to have a detailed agreement to ensure that you are both aware of your requirements regarding the working relationship.
These agreements are designed to ensure that working relationships don’t deteriorate and end up in front of authorities like the Fair Work Commission. So, whilst it is not legally required to write or stipulate an agreement, the conditions, expectations and terms of both parties should be clearly stipulated before the employer commences work.
What if I didn’t receive a contract from my employer?
Whilst your prospective employer doesn’t have to provide a written or verbal agreement, it is still highly advised as it will outline the remuneration, type and basis of work which you will be undertaking for them. Regardless of whether they provide you with an agreement or not, you will still be covered by the NES as well as any enterprise agreements and industry awards that are relevant to your industry.
No agreement can override these standards. Therefore, if you are provided with a written or verbal agreement that doesn’t cover these standards, the agreement cannot override these state and national standards.
Of course, if you didn’t receive any form of agreement, you can request your prospective employer for one. It is in their best interests to provide you with one as it is often the business that ends up on the wrong end of employee-employment disagreements.
If you have further concerns about your agreement and whether it is just or not then you can simply get in contact with our professional Sydney lawyers. We will be happy to assist you with your inquiries and ensure you are receiving the standard terms and conditions that are required under state and federal law.