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Employer's Responsibilities (1 of 3): Drafting Employment Contracts

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


Employer's Responsibilities (1 of 3): Drafting Employment Contracts

What Is A Contract Of Service

  • It is any agreement where:
    • You agree to hire someone as your employee, and
    • That person agrees to work as your employee.
  • If you hire an apprentice, the contract or agreement that you sign is also a contract of service.
  • You can offer a contract of service through a letter of appointment/employment.
  • As an employer, you cannot change the terms and conditions of employment unless the employee agrees.

 

Terms Of Employment Contracts

  • Terms and conditions can generally be freely negotiated between the employer and employee.
  • However, there are labour laws that you must be aware of as they govern the statutory terms of employment.
  • If your employee is protected under these laws, your contract cannot be less favourable. You also cannot refuse the employee protection.
  • If your employee does not fall under any of the labour laws or regulations, all the rights and obligations of the employee are those set out in the contract.
  • While you can always draw up a simple contract on your own, it is always good to seek legal advice.

See:  Legal Responsibilities of Employers

 

Help With Drafting Employment Contracts

 

Important Terms To Include In An Employment Contract

  • Commencement of employment
  • Appointment – job title and job scope
  • Salary and payment of salary
  • Bonus and payment of bonus
  • Working hours
  • Benefits (e.g. sick leave, annual leave, maternity leave)
  • Probation period (if any)
  • Termination of contract
  • Code of conduct (e.g. punctuality)

See:  Sample Employment Contract in the Tripartite Advisory on Responsible Outsourcing Practices (PDF)

Last Modified Date: 27 Mar 2018



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