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     C.02  Employment Agreements   
 


Sample text from the Employment Agreements chapter ........

 


Individual Employment Agreements IEA

Individual Employment Contracts – in place prior to 2 October 2000

Every individual employment contract as defined in the Employment Contracts Act 1991 that is in force immediately prior to 2 October 2000 continues in force as such.

An Individual Employment Agreement from 2 October 2000

  • Is between an individual and the company / organisation employing that person
  • Must be in writing
  • Sets out the terms and conditions of employment
  • May contain such terms and conditions of employment  as the employer and the employee see fit
  • Must include:
    • the names of the employee and the employer concerned
    • a description of the work to be performed by the employee
    • an indication of where the employee is to perform the work
    • an indication of the times the employee is to work
    • the wages or salary payable to the employee  
    • a plain language explanation of the services available for the resolution  of employment relationship problems including a reference to the period of 90 days within which a personal grievance must be raised. S
    • where provided for in the agreement an IEA can  be varied with the mutual consent of the parties.


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Fixed Term Employment Contract

  • Is a form of individual employment agreement where the work will end:
    • on a particular date or period
    • on the occurrence of a specific event
    • at the conclusion of a specified project
  • Sets out the terms and conditions of employment
  • May be varied with the agreement of the parties and where provided for in the contract

Before employing a person on a fixed term contract the employer must:  

  • have genuine reasons based on reasonable grounds that the work will end in a particular way
  • advise the employee of when or how his or her employment will end and the reasons it will end in that particular way  

The Act states that the use of fixed term contracts to:

  • exclude or limit the rights of the employee
  • establish the suitability of the employee for permanent employment, ie a probationary contract  

are not genuine reasons for the use of a fixed term contract of employment.

Template 02C  Fixed Term Contract


Casual Employment Agreement  

   Specifies that the employer has the right to offer casual work when required as determined by the employer’s o

 

   The person offered the work has the right to accept or reject such offers of casual work at his/her 

   Each period of casual work is a separate engagement  

   Employment ceases at the end of each period  

   May be varied in writing with the agreement of the parties

   Where casual employment is provided for in a collec
contact the Knowhow Helpline.  See Templa
Care must be used with casual em

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