All workers working in Australia are automatically covered by the NES, whether or not they sign an employment contract. Whatever the circumstances, there will always be a number of basic conditions and it is wise to have agreed them before the start of employment. It will always be easier to agree on the terms of the relationship when employers and workers are on good terms. If workers wait for a problem to arise, it may be too late to expect them to reach an agreement with their employer on how to deal with the problem. Permanent employees who work at least 12 months and long-term casual workers (i.e. persons employed by the same employer for at least two years) are entitled to 52 weeks of unpaid parental leave for the birth of a child. Leave may be taken by both spouses, although both spouses cannot take parental leave at the same time. The child`s basic guardian, who may be a parent, should take time off. Employers need to think carefully about the needs of the company before drafting an employment contract. If, for example.B. they may be required to cancel an employee`s position, appropriate compensation and notice must be included in the employment contract. The employer has the right to apply for a medical certificate and the rules that relate precisely to when a certificate may be required vary depending on the terms of the contract. As a general rule, premiums and agreements require a certificate if an absence is more than two days.
Sometimes it is necessary to obtain a certificate for a shorter absence, especially when an employee has been away regularly for a long period of time. If you are unsure of any of the details of the contract, seek advice from a lawyer before signing it so as not to engage in an adverse agreement. Typically, hourly workers do not have written contracts, but conditions of employment can be set in a staff manual or in other business guidelines and procedures. The agreement defines the obligations of the worker and the employer and allows the employer to clarify the relationship and include restrictive agreements on employer protection. Employment contracts must contain certain clauses. Additional clauses should be adopted to meet the needs of the organization and the worker. Employers often try to prevent former employees from contacting their clients and clients after their employment relationship has ended. The law takes into account the distinction between an employer`s desire to prevent a legitimate (commercial) commercial interest and to restrict competition.
Such restrictions are considered illegal unless the employer can demonstrate that the restriction does not go further than is necessary to protect the legitimate interests of the employer. The scope of the restriction and the length of time for which it is applied are taken into account. If you want to prepare an employment contract or are asked to sign an employment contract, you should get a lawyer to help you, or at least review the contract. State laws are constantly changing, and you don`t want to know later that you missed a major clause or misread the contract. The contract should make it clear whether the employment is still ongoing or for a fixed period of time.