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Section 6 of the Employment Relations Act 2000 (“the Act”) defines “employee” as “a person intending to work”. That means, if you have been offered, and accepted, work as an employee, you are considered as a person intending to work, whether or not you have signed an employment agreement.
Therefore you have many of the same protections as an employee who has commenced work, and also some obligations to be aware of should your circumstances change before you start your employment term.
It is mandatory that a signed employment agreement is held on file by the employer for each and every employee. This will include casual, part-time, fixed term and permanent employees.
Your employer must allow your to take away an employment agreement, and to seek advice on its terms prior to signing the agreement. We are able to review an employment agreement for a very reasonable fee, and to provide advice on any areas of concern or any areas that require clarification.
Fixed term and casual agreements both have specific contractual requirements and therefore we recommend that these are reviewed professionally before being signed. Failure to do so could render certain terms of your contract invalid.
Reach out to our specialist employment law team below for more advice.
Or call +64-9-486-2169
