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Employment agreements

An employment agreement sets out the terms and conditions of your job. Under the law, your employer must provide you with a written employment agreement, no matter what kind of job you do. You can have an individual agreement, or if you join a union, a collective agreement.

An employment agreement is agreed to by both the employer and the employee. An individual employment agreement is just between you and your employer and may be similar to any collective agreement in your workplace. A collective agreement is negotiated by a union representing employees who are members of the union.

Your employment agreement is the most important document about your job. Make sure you keep a copy of it in a safe place.

What does an employment agreement look like?

An employment agreement is a legal document that contains the ‘terms and conditions’ of your employment.

Your employment agreement must include:

  • Employer & Employee – your name and your employer as parties to the employment agreement
  • Position – the position which you are employed in (eg shop assistant)
  • Duties – what type of work you will be required to do as part of your job (eg customer service, point of sale, keeping the shop and items tidy)
  • Place of Work – where you will be required to work
  • Working Hours – what hours you will be required to work.  If you change your working hours, you and your employer should update your employment agreement with the new hours.
  • Types of Pay – how and what you will be paid for your work, your pay must be at least the minimum wage if you are 16 or older.  Your wages must be paid in money.
  • Public Holidays – your employment agreement has to say that you will be paid at least time-and-a-half for any time worked on a public holiday.  You still get all other public holiday rights covered by the law, even if they are not written into your employment agreement.
  • Resolving Employment Relationship Problems – your employment agreement has to contain an explanation of the steps that should be taken to deal with workplace problems if they happen. It is important that both you and your employer follow these steps if you have a problem at work.
  • Employee protection provision – your employment agreement must say what process the employer will follow in restructuring situations.

Some things (like rest and meal breaks, or four weeks annual holidays) do not need to be in your employment agreement but your employer must still provide them by law.  If you and your employer agree to better terms and conditions these should be recorded in your employment agreement.

Your employment agreement can also contain other terms and conditions that you and your employer have agreed to.

Can I make changes to the employment agreement before I agree to it?

If you would like to change something in your employment agreement you have the right to negotiate with your employer about it.

Can I get advice on the employment agreement before I agree to it?

You have the right to get some advice on an employment agreement before you agree to it. It’s a good idea to take it away and have a think about the conditions it offers you.

You can ask your parents, your careers advisor at school or someone you know who has been an employer or employee to have a look at your employment agreement before you agree to it and give you some advice.

Can my employment agreement change?

Sometimes employment agreements change because an employer or employee needs a change, such as a change in work hours.  This should be agreed to by you and your employer and the employment agreement should be updated to include the change.

What should I do if I don't have an employment agreement?

By law, your employer must give you a written employment agreement before you start work.  If your employer does not provide you with an employment agreement, you should ask them for one. You and your employer can sit down and use the employment agreement builder, to agree to terms and conditions of your employment.

Even if you don’t have a written employment agreement, you still get all the minimum rights in law. Anything you agree with your employer verbally, can be binding as well.  Also, what actually happens each day and week at work can over time become part of the terms and conditions of an employment agreement - this is called custom and practice.