Employment agreement guide

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The Position and the Duties

2.1 Position
Every agreement requires a clause stating the intended position of the employee. If drafting an agreement yourself, you should include sufficient information to make the nature and level of the job clear. It must be accompanied by a Duties clause and a detailed job description.

Position

The Employee is being employed as [insert title of position].
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2.2 Duties
Every agreement requires a clause of this nature. The two following options are in general use.

The agreement must also be accompanied by a job description, either within the clause itself or as an attached document. The description should include enough information to enable the employer and employee to discuss the quality of the employee's work during performance reviews, or if employment relations problems emerge.

Duties as set out in the job description

The Employee shall perform the duties set out in the Job Description attached to this agreement.

Duties as set out in the job description which may be modified from time to time by the Employer

The Employee shall perform the duties set out in the Job Description attached to this agreement. These duties may be modified and updated by the Employer from time to time following agreement with the Employee. The Employee also agrees to perform all other reasonable duties and comply with reasonable instructions issued by the Employer.
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2.3 Reporting
Including this information is voluntary, and may feel inappropriate in smaller workplaces. However, in larger organisations knowing who to discuss ideas or problems with can make the job run more smoothly for both the employer and employee.

Reporting

The Employee shall report to [insert name of Manager] or to any other representative of the Employer designated from time to time by the Employer.
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2.4 Performance Objectives
Including this information is voluntary. Setting performance standards, and discussing them regularly, allows both employers and employees to deal with training, promotion, productivity and other issues. It also provides a time for reflection on opportunities or needs within the workplace.

Performance Objectives

The Employer shall, in consultation with the Employee, set the Employee objectives at least on an annual basis. These objectives shall be taken into account by the Employer when assessing the Employee's performance.
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2.5 Performance Reviews
Including this information is voluntary. Where movement in salary or wages is tied to performance an opportunity to formally:
  • consider the contribution the employee is making,
  • discuss any impediments to performance (for example: training or equipment needs),
  • provide an opportunity to make clear the reasoning for the salary decisions that follow.

    • Performance reviews

    The Employer shall conduct a performance review of the Employee on at least an annual basis. This review shall be taken into account in any salary reviews.
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    2.6 Secondment
    Secondment refers to a temporary change or relocation of position and duties. For example, if one employee goes on parental leave, another may be seconded to take her place in her absence. Another example may be that a fixed term project has arisen, whether within the place of employment or at a client's, and the employee is assigned to this single project until its completion.

    In the event of a secondment, an employer and employee must create a temporary agreement to reflect the terms and conditions of the new position and duties.

    Secondment

    In the event the Employer considers that a secondment (such as to a client or customer or project) would be in the best interests of the Employer, the Employee shall comply with all reasonable requests to carry out that secondment.
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