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employment agreement guide

If you're a growing business about to take on its first employee, or if you've just been offered a position and want to know if the agreement is right for you, this guide to individual employment agreements can help you understand what you need to know.

Below you'll find a complete list of sections, subsections and clauses that you may find in a standard individual employment agreement. Click on any of them to see a list of possible clauses in that section.

To see the new Restructuring clauses with explanations of when they're needed - select section 12

If you'd like to see a list of clauses which must appear in a legal agreement, click here.

1.  The Parties
Contains: Employer & Employee
2.  The Position and the Duties
Contains: Position, Duties, Reporting, Objectives, Reviews, Secondment
3.  Nature and Term of the Agreement
Contains: Perm/Fixed/Casual, Probation
4.  Obligations of the Relationship
Contains: Of the Employer, Of the Employee
5.  The Place of Work
Contains: Place of Work
6.  Hours of Work
Contains: Working Hours, Lunch & Meals, Tea Breaks, Variation
7.  Wages/Salary/Allowances
Contains: Payment clauses, including Pay Schemes, Bonuses, Penal Rates, Overtime, and Expenses
8.  Holidays and Leave Entitlements
Contains: Annual Leave, Public Holidays, Sick and Bereavement Leave, and various other related clauses
9.  Other Entitlements/Benefits
Contains: a selection of clauses referring to services an employer may choose to provide
10.  Health and Safety
Contains: a selection of general and specific Health & Safety clauses
11.  Other Employment Obligations
Contains: Copyright, Restraint of Trade, Parental Leave, Child Care, and related clauses
12.  Restructuring and Redundancy
Contains: , Rights in contracting out situationsRestructuring due to transfer, Negotiations with new employer, No transfer or employment, Definition, Redundancy Process, Notice of termination due to redundancy, Redundancy compensation, Technical redundancy
13.  Termination of Employment
Contains: General, Serious Misconduct, Suspension, Medical Grounds, Abandonment, Obligations
14.  Resolving Employment Relationship Problems
Contains: Resolving Problems
15.  Acknowledgement of the Agreement
Contains: Variation, Non-assignment, Entire Agreement, Severability, Deductions, Acknowledgement
16.  Declaration
Contains: Declaration


This document is a resource of basic provisions that could be included in employment agreements and is designed to be adapted by employers and employees to fit their own circumstances. It does not cover every situation. Employers and employees should agree to those provisions that suit their circumstances, together with any further provisions or other changes that are needed.

The Department of Labour recommends that employers and employees get appropriate advice before signing any employment agreement.

The Employment Agreement Guide is not legal advice from the Department of Labour. It does not constitute recommendations about, or endorsement of, any particular terms or conditions of employment by the Department of Labour, either generally or in any particular situation. The Department of Labour cannot accept any responsibility for changes made to the Employment Agreement Builder once it has been downloaded.



This page was last updated on: 10-Mar-2005 and is current.


build an employment agreement | employment agreement guide | build a letter of appointment | minimum employment rights | who is an employee and who is not? | offering employment | forming an employment relationship | terms & conditions of employment | sample problem resolution procedures | fixed-term agreements & trial periods | ending an employment relationship

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