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Employment Service Contract
"I need an Employment Service Contract for a senior software developer position in our Sydney office, starting March 2025, with specific clauses for intellectual property rights and remote working arrangements three days per week."
1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Outlines the context of the employment relationship and the purpose of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation rules
4. Term of Employment: Specifies whether the employment is permanent, fixed-term, or casual, and start date
5. Position and Duties: Details the employee's role, title, responsibilities, and reporting relationships
6. Location and Hours of Work: Specifies workplace location(s) and standard working hours
7. Remuneration: Details base salary, payment frequency, and method of payment
8. Superannuation: Outlines superannuation contributions and fund arrangements
9. Leave Entitlements: Specifies all leave types and entitlements including annual, personal, and long service leave
10. Confidentiality: Defines confidential information and employee's obligations regarding confidentiality
11. Intellectual Property: Addresses ownership and rights regarding IP created during employment
12. Termination: Details circumstances and processes for ending employment, including notice periods
13. Post-Employment Obligations: Specifies restraints and ongoing obligations after employment ends
14. General Provisions: Includes standard contractual terms like governing law, entire agreement, and variation
1. Probationary Period: Used when implementing an initial trial period for new employees
2. Commission Structure: Required for sales roles or positions with performance-based pay
3. Bonus Arrangements: Used when offering performance bonuses or incentive schemes
4. Company Vehicle: Included when providing a company car or vehicle allowance
5. Remote Working Arrangements: Used when allowing regular work from home or remote working
6. International Travel: Required for roles involving overseas travel or assignments
7. Share Options: Used when offering employee share schemes or equity arrangements
8. Garden Leave: Included for senior roles where garden leave might be required
9. KPIs and Performance Measures: Used when specific performance metrics are part of the role
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and requirements
2. Schedule 2 - Remuneration Package: Comprehensive breakdown of salary package including benefits
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Schedule 4 - Restraint of Trade: Detailed post-employment restrictions including non-compete clauses
5. Schedule 5 - Commission Structure: Detailed commission calculations and terms (if applicable)
6. Appendix A - Statutory Entitlements: Summary of relevant statutory entitlements under Australian law
7. Appendix B - Workplace Health and Safety: Key WHS obligations and procedures
8. Appendix C - IT and Communications Policy: Guidelines for use of company IT systems and communications
Authors
Applicable Laws
Award
Base Salary
Board
Business Day
Cause
Company
Company Policies
Confidential Information
Conflict of Interest
Commencement Date
Duties
Employee
Employer
Employment
Enterprise Agreement
Fair Work Act
Fixed Term
Full-Time
Good Faith
Gross Misconduct
Intellectual Property
Leave Entitlements
Material Breach
Moral Rights
National Employment Standards
Notice Period
Ordinary Hours of Work
Part-Time
Position
Permanent Employment
Probationary Period
Remuneration Package
Restraint Area
Restraint Period
Serious Misconduct
Superannuation
Termination Date
Total Remuneration
Workplace
Term of Employment
Probation
Position and Duties
Location of Work
Hours of Work
Remuneration
Superannuation
Benefits
Leave Entitlements
Performance Review
Professional Development
Confidentiality
Intellectual Property
Moral Rights
Data Protection
Conflict of Interest
Non-Competition
Non-Solicitation
Company Property
Workplace Health and Safety
Compliance with Policies
Code of Conduct
Termination
Summary Dismissal
Garden Leave
Return of Property
Post-Employment Obligations
Dispute Resolution
Variation
Severability
Governing Law
Entire Agreement
Notices
Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Construction
Mining
Hospitality
Media and Entertainment
Telecommunications
Transportation and Logistics
Real Estate
Energy and Utilities
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Customer Service
Research and Development
Administration
Product Development
Quality Assurance
Corporate Communications
Procurement
Executive Leadership
Chief Executive Officer
Managing Director
Department Manager
Team Leader
Senior Executive
Professional Staff
Administrative Officer
Technical Specialist
Sales Representative
Customer Service Representative
Project Manager
Research Analyst
Software Developer
Financial Controller
Human Resources Manager
Operations Manager
Marketing Coordinator
Business Analyst
Account Manager
Graduate Trainee
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