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

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