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Contract For Employee

Contract For Employee Template for Australia

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Key Requirements PROMPT example:

Contract For Employee Template

"I need a Contract For Employee Template suitable for a technology startup in Sydney, with specific provisions for remote work arrangements and protection of intellectual property, as we're planning to hire software developers starting January 2025."

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Document background
The Contract For Employee Template has been developed to provide Australian businesses with a standardized starting point for creating employment agreements that comply with Australian employment law. This template is designed to be customized for different employment situations while ensuring compliance with the Fair Work Act 2009 and other relevant legislation. It incorporates mandatory employment terms and conditions, workplace rights and obligations, and standard protective clauses for both employers and employees. The template is regularly reviewed to reflect updates in employment legislation and best practices in Australian employment law. It serves as a fundamental tool for establishing clear, legally-compliant employment relationships across various industries and position levels.
Suggested Sections

1. Parties: Identifies the employer and employee with their full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the contract

4. Position and Duties: Details of the role, position title, and key responsibilities

5. Commencement and Term: Start date and nature of employment (permanent, fixed-term, casual)

6. Probation Period: Length and terms of the probationary period

7. Location and Hours of Work: Primary work location and standard working hours

8. Remuneration: Salary/wages, payment frequency, and method of payment

9. Superannuation: Superannuation contribution arrangements

10. Leave Entitlements: All forms of leave including annual, personal, long service, and parental leave

11. Confidential Information: Obligations regarding company confidential information

12. Intellectual Property: Ownership and rights regarding IP created during employment

13. Termination: Conditions and process for ending employment

14. Post-Employment Obligations: Continuing obligations after employment ends

15. General Provisions: Standard contract clauses including governing law and entire agreement

Optional Sections

1. Commission/Bonus Structure: Include when role includes performance-based incentives

2. Company Vehicle: Include when a company vehicle is provided

3. Mobile Phone and Technology: Include when specific technology or devices are provided

4. Flexible Working Arrangements: Include when offering remote work or flexible hours

5. Share Options: Include when offering employee share schemes

6. International Travel: Include when role requires international travel

7. Professional Development: Include when offering specific training or development programs

8. Garden Leave: Include for senior positions where garden leave might be required

9. KPIs and Performance Measures: Include when specific performance metrics apply

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and reporting lines

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits

3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with

4. Schedule 4 - Workplace Health and Safety: Specific WHS obligations and procedures

5. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

6. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Appointment
Position and Duties
Probation
Location of Work
Hours of Work
Remuneration
Superannuation
Leave Entitlements
Public Holidays
Performance Review
Confidentiality
Intellectual Property
Moral Rights
Data Protection
Non-Competition
Non-Solicitation
Conflicts of Interest
Company Property
Expenses
Work Health and Safety
Policies and Procedures
Termination
Summary Dismissal
Garden Leave
Post-Employment Obligations
Dispute Resolution
Variation
Severability
Governing Law
Entire Agreement
Notices
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Mining

Hospitality

Transportation

Agriculture

Media and Entertainment

Government

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Production

Quality Assurance

Compliance

Strategy

Corporate Affairs

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Manager

Department Manager

Project Manager

Software Developer

Account Manager

Sales Representative

Administrative Assistant

Human Resources Manager

Marketing Coordinator

Financial Analyst

Operations Manager

Customer Service Representative

Research Scientist

Business Analyst

Executive Assistant

Production Supervisor

Legal Counsel

Technical Support Specialist

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including minimum employment standards, modern awards, enterprise agreements, unfair dismissal, and workplace rights
Work Health and Safety Act 2011 (Cth): Sets out the main duties of care for workplace health and safety that employers must comply with to ensure the safety of their workers
Privacy Act 1988 (Cth): Regulates how employers must handle employee personal information and maintains privacy principles that must be followed
Superannuation Guarantee (Administration) Act 1992 (Cth): Establishes mandatory employer contributions to employees' superannuation funds
Income Tax Assessment Act 1997 (Cth): Governs taxation obligations for both employers and employees, including PAYG withholding requirements
Anti-Discrimination Acts (Federal and State): Various acts prohibiting discrimination in employment based on protected attributes such as age, gender, race, disability, etc.
Long Service Leave Acts (State-based): State-specific legislation governing long service leave entitlements for employees
Workers Compensation Acts (State-based): State-specific legislation requiring employers to maintain workers compensation insurance and outlining compensation processes for workplace injuries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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