The Basics Of Employment Law: How To Write A Contract

 

 

The basics of writing an employment contract can seem daunting and overwhelming, but it doesn’t have to be. This article will go over some steps that you should consider when writing a contract in order to get the best results. It is important for both parties involved-the employer and the employee to understand all of their responsibilities within this agreement.

Make It Transparent 

Whoever reads the contract you’re giving out needs to understand everything about it. The legal experts working at Lewis Kitson Lawyers are aware that transparency is essential and they are happy to help you with making it transparent. It is important that the employment contract is written in a way so others can understand all of its contents. 

Employment law requires employees and employers to be straightforward about what they expect from one another, making things clear for everybody involved. This means being upfront about every aspect of your work arrangement. Everything must be made visible when working on an employment contract.

Protect Yourself With Clauses 

You need to protect yourself with clauses when you write an employment contract. This will help to make sure that your employee doesn’t take advantage of you and helps to avoid any legal problems down the road.

If a clause is presented in a way that can be easily understood, it is more likely to stand up as enforceable if there ever was a dispute about its meaning or application. In order words, unambiguous language makes for clear contracts! This means not only protecting yourself during employment but also protecting your company from potential future litigation costs after an employee leaves their job with your business. 

Include All Necessary Information 

There’s a lot of information that must be included in an employment contract, including all necessary information. It is important to include both parties’ names and their roles within the company including titles and responsibilities. 

It’s also helpful to determine the following information: 

 

  • a start date
  • end date (if applicable)
  • salary
  • benefits such as health insurance or disability pay
  • vacation time
  • other forms of payment including bonuses, commissions or profit-sharing
  • a description of the work to be done
  • expected hours of work per week or month
  • location of work, including any travel that is required

 

Having all this information and including it in the contract helps avoid misunderstandings and makes sure that you have a pre-determined plan for any possible future problems. Remember, an employment contract is a legally binding document, so it’s important to make sure that everything you include is accurate. 

Make Sure It’s Fair And Reasonable 

Your contract has to be fair and reasonable to both you and your employer. This is important because it will help prevent any disputes or lawsuits in the future. 

Have respect towards the other party and be willing to negotiate. This will show that you’re serious about working together and can help avoid any potential conflicts. 

Remember, an employment contract is a legally binding document. So make sure both you and your employer are happy with the terms before signing!

You may also want to consider getting legal advice from an employment lawyer before finalizing anything. They can help review the contract and give you some feedback on what could be changed or improved. 

Write What’s Expected From The Employee 

Be specific about what you expect from the employee. Sure, writing about things like timeliness and general pleasantness are good places to start but make sure you cover what’s important in your role. This should be an outline of what they will do on a day-to-day basis as well as their responsibilities for reporting deadlines or conflicts with other employees.  

Make clear that even if there is no official policy against it, certain behaviors can result in termination without notice (e.g., sexual harassment). If any clothing is required during work hours let them know now because this could come up later when you’re disciplining someone who breaks the rules! 

Make It Negotiable

Leave some room for negotiation. While you cannot write an employment contract that says “employee will be paid x dollars/hour” then change it to say “$x per hour, minus taxes”, making the terms negotiable still allows for leeway in the situation of a disagreement between employer and employee without putting your company at risk legally.

Both parties will be happier if there is some room to negotiate.

Employment law is complex and you always need to make everything transparent. Make sure to protect yourself with clauses and give all necessary information that’s needed. Create a contract that’s fair and reasonable and let the employee know what is expected of them. Finally, make the contract negotiable and respect the wishes of the other party. Good luck!