The foundation document.
WHAT IT SHOULD STATE
The parties The role and duties Reporting line Start date Remuneration and when it is paid Hours and location Leave entitlement Probation terms Notice periods, both ways Confidentiality Intellectual property Termination provisions Any restrictions after leaving
WHY IN WRITING
Disputes are resolved on evidence, and verbal terms are remembered differently.
WHEN TO PROVIDE IT
Before or at the start of employment.
WHAT TO AVOID
Templates from other jurisdictions Terms you cannot enforce Terms you do not intend to apply
WHY THAT LAST ONE
Applying a term inconsistently is worse than not having it.
WHAT INTELLECTUAL PROPERTY CLAUSES SHOULD COVER
Work produced in the course of employment.
WHY IT MATTERS
Without it, ownership of work may be disputed, which surfaces during due diligence.
WHAT RESTRICTIVE COVENANTS DO
Limit activity after employment ends.
WHAT TO CONSIDER
Whether they are reasonable in duration and scope.
WHY REASONABLENESS MATTERS
Overly broad restrictions are frequently unenforceable.
WHAT TO KEEP
A signed copy, and the employee's copy provided.
WHAT TO DO WHEN TERMS CHANGE
Agree the change in writing.
WHY AGREE RATHER THAN IMPOSE
Unilateral changes to fundamental terms create claims.
WHAT TO HAVE REVIEWED
Your standard contract, by a practitioner, once.
