Essentials to include in any employment contract are:
1. Job Title and Description: Clearly outline the job title and provide a detailed description of the employee's roles, responsibilities, and expectations.
2. Compensation and Benefits: Specify the salary, additional compensation, benefits, and any bonus or incentive arrangements.
3. Working Hours: Define the regular working hours, including any requirements for overtime, shift work, or weekend work.
4. Holiday Entitlement: Clearly state the annual leave entitlement, public holiday provisions, and the process for requesting and scheduling holidays.
5. Probationary Period: If applicable, detail the duration and terms of any probationary period.
6. Termination Terms: Outline the notice period required for termination by both the employer and the employee.
7. Confidentiality and Non-Disclosure: Include clauses regarding confidentiality, non-disclosure, and the protection of sensitive company information.
8. Non-Compete and Non-Solicitation: If relevant, include clauses to prevent employees from competing with the company or soliciting clients or employees after their employment ends.
9. Intellectual Property: Clarify ownership of intellectual property created during the course of employment.
10. Dispute Resolution: Include a process for resolving disputes, such as through mediation or arbitration, to avoid costly litigation.
11. Code of Conduct and Policies: Reference the company's code of conduct and relevant policies, such as those related to harassment, discrimination, IT usage, and health and safety.
12. Governing Law: Specify the governing law under which the employment contract is to be interpreted and enforced.
Including these essentials in an employment contract provides clarity and protection for both the employer and the employee and helps create a positive and legally compliant work environment.