Employment contracts
The area of employment contracts is complex. A contract may be made the minute that you are verbally offered a job and you accept it. On other occasions you may be asked to sign a document, which may or may not include written terms and conditions. Either way, you have technically made a contract with your prospective employer and this is a legally binding arrangement.
What should an employment contract contain?
As a general guide, the following items should be covered in your employment contract:
- names of the parties to the contract
- position title and duties
- annual salary
- superannuation (amount and fund)
- hours of work and overtime arrangements
- annual leave, sick leave, parental leave entitlements
- termination arrangements
- probationary period (if applicable)
- salary reviews
What should I do if I’ve accepted a job offer and then change my mind?
Technically, you are in breach of the employment contract if you back out after having accepted an offer and the employer may take legal action and / or ask for compensation. In reality, it is not uncommon for people to renege on a job offer and legal action is rarely taken. Nonetheless, it is not a step you should take lightly.
You should be aware of the importance of handling the situation with tact and diplomacy if you do change your mind and, generally speaking, the more warning you give the employer the less you will be inconveniencing them.
Who can assist with any employment contract enquiries?
- Fair Work Infoline - 13 13 94
- JobWatch (Community Legal Centre) - +61 3 9662 1933 or 1800 331 617
- Student Union Legal Service - +61 3 8344 8687