Employment contract

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The contract of employment is a document which sets out the rights and obligations of both parties. As a result, the contents and the construction of the contract are of primary importance in determining the extent of the obligations each party has and in deciding when one party is acting outside the scope of the employment contract and is, therefore, in breach.

This subtopic provides guidance to employers and employees on all aspects of the employment contract.

Probationary periods

Probationary periods (or trial periods) are typically used to assess the suitability of newly-appointed employees (sometimes known as probationers), and provide a structured framework for early termination, usually on shorter notice, if the employment relationship is not working. Practice Note: Probationary periods:

  1. •

    explains the legal status of probationary periods

  2. •

    considers the interaction between probationary periods and statutory employment rights, including unfair dismissal

  3. •

    considers the drafting, management, extension and termination of probationary periods, and

  4. •

    provides practical guidance for employment law practitioners

See also Precedent: Policy—probationary periods.

Key precedents

Key precedents include:

  1. •

    Employment contract basic version

  2. •

    Employment contract for senior employee

  3. •

    Executive service agreement

  4. •

    Executive

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