HR RESOURCE SHEET - THE EMPLOYMENT CONTRACT, CANTEENS

All employees have an employment contract, even if there is no formal written agreement.  In law, there are a number of different types of documents and unwritten arrangements which become part of a contract of employment.  These could include:

• Letter of appointment
• Job description
• Individual employment contract
• Relevant award or enterprise agreement and National Employment Standards
• Workplace policies and procedures
• Custom and practice at a particular workplace
• Oral/verbal arrangements between an employer and employee

The individual employment contract is an important piece of legal documentation which spells out what is being offered to the employee in exchange for his or her services.  It may repeat some of the information included in the letter of appointment and refers to the job description, award or agreement, National Employment Standards and certain policies of the employer.  It does not have to be complicated, but it should be specific and understandable to both parties.  Once it is signed and dated by both the employer and the employee, it is legally binding (unless signed under duress, when the contract may be deemed to be void).

The following sample shows the types of information included in a contract of employment.  The actual content will vary from Canteen service to Canteen service and from job to job.  The headings are in black and prompts regarding what to include under the headings are in blue font. The contract should be written on the letterhead of the operator.

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