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Drafting Employment Contracts

An employment contract is a contract of service agreed to by the employer and employee. It is always good practice to define the terms and conditions clearly.

Can Contracts Be Freely Negotiated?
Who Can Help Me Draft My Contracts?
What Are Some Of The Terms I Should Include?


Can Contracts Be Freely Negotiated?

  • Generally, terms and conditions can be freely negotiated between the employer and employee.

  • There are, however, "statutory terms of employment" and "legal obligations" imposed by various laws. If your employee is protected under these laws, the terms in your contract cannot be less favourable or attempt to refuse the employee protection.

  • If your employee does not fall under any of the labour laws or regulations, then all the rights and obligations are those set out in the contract.

  • Although you can always draw up a simple contract on your own, it is always good to seek legal advice.

See: Legal responsibilities of employers

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Who Can Help Me Draft My Contracts?

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What Are Some Of The Terms I Should Include?

  • Commencement of employment
  • Appointment / job title
  • Salary and payment of salary
  • Bonus and payment of bonus
  • Working hours
  • Benefits
  • Termination of contract
  • Code of conduct

See: Sample employment contract

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