Is it time for you to shape up your employment contracts?

A cleaning company has asked a successful applicant to begin work next week. Does the business need to create an employment contract before the new employee officially starts work?

Answer: every employee should have a signed contract before they commence their first day of work.

Should a company’s policies and procedures be included in the employees’ contracts?

Answer: it is best practice not to include policies and procedures in their employment contracts. This is due to the requirement of the contract needing to be reissued every time a policy or procedure is added or updated.

A veterinary clinic wants to include in their employment contracts that employees are allowed to have an additional break if they are required to be in surgery for longer than two hours a day. Is this allowed?

Answer: employment contracts can allow for more than what is stipulated in the National Employment Standards, applicable Modern Award, Enterprise Agreement or other registered agreement, however cannot ever provide for less.

Can an employer go ahead and make a small change to an employment contract without an employee’s consent?

Answer: all changes to an employees’ contract must be discussed and agreed upon by both the employer and employee. An employee must provide written consent of any changes before a change is applicable.

A video store is experiencing very slow business, and as a result would like to cut a full-time employee’s hours from 38 hours a week to 20 hours a week. Are they able to do this without consulting the employee?

Answer: when an employer wishes to make changes to an employee’s regular rostered hours, they must provide the employee with information regarding the changes, invite the employee to give their views and consider the impact which these changes may have on the employee.

John has been working with his employer for over 10 years. He was issued an employment contract when he first began. Since then, he has been promoted and his primary duties have changed. Should his contract be updated?

Answer: it is important to ensure an employees’ contract is updated every time a change has occurred, such as a promotion, pay rise, change in regular hours or job description.

Which of the following should be included in employment contracts?

Answer: employment contracts should specify when a contract may be terminated, and the notice period that must be provided by both parties.

Jenny has just been offered a role as an administration officer at her local doctor’s office. She has been informed that her employment will only be for 12 months and will not continue after this time. What type of contract would be applicable for her?

Answer: as Jenny’s employment is only for a fixed amount of time, she must be issued with a contract that stipulates when her employment will end.

Can an employee’s probationary period be extended at the discretion of the employer?

Answer: probationary periods can be extended up to 12 months for businesses with less than 15 employees and up to six months for businesses with more than 15 employees.