Tailored to your employee
An employment contract should reflect the role and the specific circumstances of the engagement, including any award requirements that may be applicable.
For example, if you are employing a web developer, you will want to establish clear expectations about the ownership of intellectual property.
Or if a new business development or sales person is joining the organisation, you will be considering what may happen if this person resigns. In this scenario, many employers will include a “restraint of trade” clause in the contract, restricting competitive behaviour for a certain period after termination.
Using a generic employment contract template may not allow you to deal with important issues as they relate specifically to the role or industry.
And on the flip side, a generic template may contain clauses that are not suitable to the engagement, which may in turn cause damage to the employer. This could be because the contract is too "general" or it could be that the template is no longer up to date with Australian laws and regulations.
MyJobContracts® provides you with the ability to instantly draft tailored full-time, part-time or casual contracts that are relevant to you as well as the employee. This reduces any risk of future misunderstandings and provides a documented reference point.
Some of the issues we cover include:
Confidentiality
Ensure that the employment contract sets clear guidelines about the staff member's confidentiality obligations to reduce any risk of future disagreements.
IP ownership
Your staff may be creating intellectual property as part of their employment. You should ensure that there are no disagreements about who the rightful owner of the IP is.
Non-compete
Whilst sometimes difficult to enforce, make sure that the employment contract contains a strong non-compete clause to restrict competitive behaviour by relevant ex-employees.
Non-solicitation
Protect your agency by preventing ex-employees from poaching your existing staff or enticing them to leave. This is an important industry issue that you should be on top of.
