Starting a New Job? Things you need to be aware of in your Employment Agreement

//Starting a New Job? Things you need to be aware of in your Employment Agreement

Starting a New Job? Things you need to be aware of in your Employment Agreement

Starting a new job can be an exciting prospect, however you should ensure that you have read and fully understood any Employment Agreement issued by your employer before you go ahead and sign on the dotted line.   

We have outlined some important terms to review in your Employment Agreement below.

Simple Facts

Although it may seem straight forward, it is important to ensure that the basic facts are correct in your Employment Agreement. This includes checking the following:

  • Your full name is spelt correctly;
  • Your correct address is stated;
  • The address of the office or place of work is clear; and
  • The stated job title and description is easy to understand.

Remuneration  

Double check that the stated salary matches the offer made by your employer, including any allowance or bonus structure and whether the amount is excluding or including superannuation. Many employers offer additional benefits such as mobile phones, laptops and vehicle allowances.

It is also important to know when and how you will be paid, i.e. whether you will be paid weekly, fortnightly or monthly. 

Hours of Work

The Employment Agreement should state the hours that you are expected to work.  It may also provide that you are entitled to work from home or are required to work reasonable overtime. It is important to know whether you will receive overtime payments for work outside your usual hours or if it is simply included in your salary.

Leave

Your stated leave entitlements should not be less than allowed by the National Employment Standards or the Award applicable to your role. If you are concerned about the amount of leave allowed you should seek legal advice. 

It may also be crucial to look at when you are entitled to take leave as many employers have closure periods where you are expected to take leave, or peak periods where leave will not be granted.

Policies

The employer may have certain policies regarding behaviours, rights, complaints and procedures to follow in particular circumstances.  It is important to be across these policies to ensure that you are aware of appropriate workplace behaviours and processes to follow if something goes wrong.  

Probation

You may be placed on a probationary period where the employer can determine whether you are the correct fit for the role.  It is essential to be aware of the length of the period and your employer’s rights to terminate your employment within that period.

Restrictive clauses

Many Employment Agreements have clauses that restrict your actions both during your employment and for a defined period afterwards. 

A restraint of trade clause or non-competition clause may prevent you from becoming a competitor or joining a competitor for a number of years. It is important to understand your obligations under these clauses, as they can affect your ability to find alternative employment.

For more information on Employment Agreements and advice on employment disputes contact us on (02) 9525 8688 or at wmd@wmdlaw.com.au.

By |2021-06-25T01:57:29+00:00June 25th, 2021|COMMERCIAL LAW|