Any employee agreement should show what it is that is expected of both parties - the employee and employer.
An agreement simply sets out in plain terms what each party needs to follow.
Basically, employee contracts usually follow a similar template, and there are a few key points that should always be included.
Each contract lays out the terms and conditions of employment for both parties and there are essential aspects that must be included in every agreement.
Contracts should outline basic terms such as remuneration, hours of work, whether or not there is a probationary term, what happens with termination of employment and superannuation.
It should also outline the key responsibilities of the employee and what rights the employee has.
As such, a general contract can follow a similar template across a range of businesses.
The first section of an employment contract usually outlines a job description and title - basically, what is expected of the employee.
This will probably outline day-to-day duties, long term goals that the company feels the employee should reach, and any key competencies that must be followed.
It will also usually outline the area of work and the hours.
This part of the contract can be quite specific or general - and if agreed to by both parties gives sufficient reason to terminate the contract if either party feels the need to do so.
There should also be a section outlining what reasons may lead to termination of employment: reasons for dismissal, and how many verbal and written warnings will normally be given before termination of a contract.
There should be a section where it notes the length of the contract; if it is a fixed term contract, it should state the starting and finishing dates.
In this case, it should also clearly state whether there is an option to sign a new contract after the fixed term is over.
It's important that everything that you agree to verbally is included in the contract, so besides these obvious aspects, a contract should include everything else that has been agreed: salary, health insurance, how much leave and sick leave they're entitled to, mobile phone or tablet/laptop use, whether a car and parking is provided, free lunches and any other common benefits.
Some aspects of the contract can be bargained, like the salary or the hours of work for each employee.
This is known as the 'consideration' section of a contract, and includes any benefits specific (such as the above) to each employee.
A good contract will offer both parties security, as it is legally binding.
This is where the 'intention' part of the contract comes in - that both parties intend to keep it in good faith.
The next section checks that the employee has understood the terms and conditions of the contract, and will lay out everything that could possibly be open to misinterpretation.
There also has to be a section that specifies that the employee has accepted the terms of the contract.
Usually each section needs to be initialled or signed and dated.
Any contract that omits any of the necessities is open to problems.
If you're not sure about your contract, whether you're an employee or an employer, it's best to get someone professional to check over it - because it could counter many problems in the long run.