Critical Clauses in Employment Contracts

Relevant For:

Employers drafting or reviewing employment contracts.

Key Points:

• Ensure alignment with applicable Modern Awards, including flexibility agreements and annualised salaries.
• Clearly outline the employee’s remuneration package and discretionary benefits.
• Include explicit termination notice provisions to avoid reliance on statutory or reasonable notice periods.
• Implement enforceable post-employment restraints to protect business interests.
• Explicitly state obligations to protect confidential information and intellectual property.
• Require compliance with company policies, noting potential variations, and avoid promissory statements.
• Include an entire agreement clause to prevent reliance on prior representations.

Full Article:

Employment contracts are crucial for outlining the terms of employment. These contracts, whether written, oral, or a mix of both, may also include implied terms such as obedience, fidelity, and care.

Key Clauses to Consider