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Starting a Business

12. Employment Contracts

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Sep 2015
    12. Employment Contracts
  • Whether you engage independent contractors or employees it is important to understand how a contract works.  
  • A contract can be:
  • informal or formal;
  • written or verbal; and
  • standard or specially drafted (written).
  • Whatever form the agreement takes, if it is a contract it is legally enforceable and remedies can be pursued for any breach. This affects both the employer and employee.
  • Broadly speaking a contract is a commercial agreement made between an individual and a hirer or employer.
  • Written contracts are usually preferred as they provide a greater degree of certainty and risk minimisation for your business.
  • Written contracts allow both you and your employees or contractors to clarify expectations as well as rights and obligations if a problem arises.
  • A written contract is essential if the contract value is high and there is a potential risk to your business if a breach occurs.
  • It is possible to establish an enforceable verbal contract that is supported by evidence such as:
  • e-mails;
  • quotations;
  • lists of materials and
  • job specifications.
  • However verbal contracts are only viable until something goes wrong. It is best to take the time to draft a written contract which will ensure:
  • your needs are met;
  • the  obligations of both parties are clear; and
  • there is recourse to legal remedies if a problem arises.
  • A lawyer can assist you in drafting employment contracts that meet your specific needs.

 

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