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Get it in writing. Keep it simple. Deal with the right person. Identify each party correctly. Spell out all the details. Specify payment obligations. Agree on circumstances that terminate the contract.
For a contract to be valid, it must have four key elements: agreement, capacity, consideration, and intention.
Decide whether the agreement warrants a contract. If you decide that you need a contract, make sure it includes all the necessary parts. Make sure all participants can lawfully take part in a contract.
Write the Title. When you proceed to type out your employment agreement, you should title your draft. State the Parties. Every employment agreement needs to clearly identify and state the parties. List Terms and Conditions. Outline Position Duties. Be Clear on Compensation. Add Other Clauses. Use These Contract Terms.
However, for the sake of clarity, it is always preferable to have a written contract of employment. Ideally, your employer should provide this, but if it is not forthcoming within a few weeks of starting employment, you should ask for a written contract to be given to you.
Regardless of your employment status, if you're working, you should have an employment contract. While most employment contracts are in writing, they can also be verbal agreements. Oral contracts have the same legal authority, but it can be much harder to prove.
In the absence of a written employment contract that provides the employer the ability to make such changes, an employee may be entitled to refuse the changes and sue the employer for constructive dismissal claim. This means that the employer may be forced to pay wrongful dismissal damages.
An employment contract should include: your duties. Your employment status (for example, if you work full-time, casual or part-time) your employment conditions, including leave and other entitlements.
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