Employment agreement guide

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Obligations of the Relationship

4.1 Employer's Obligations
Both these voluntary clauses identify in brief form the obligations that employers have under current legislation. They can often be helpful, particularly when used in conjunction with a clause outlining the obligations of employees, in establishing the commitment of both parties to a successful relationship.

Obligations of the Employer

The Employer shall:
(i)     Act as a good Employer in all dealings with the Employee
(ii)    Deal with the Employee and any representative of the Employee in good faith in all aspects of the employment relationship, and
(iii)   Take all practicable steps to provide the Employee with a safe and healthy work environment.

Obligations of an Employer in the Public Sector

The Employer shall:
(i)     Act as a good Employer in all dealings with the Employee. A good Employer is one who operates a personnel policy which is consistent with the fair and proper treatment of its employees in all aspects of their employment
(ii)    Deal with the Employee in good faith in all aspects of the employment relationship, and
(iii)   Take all practicable steps to provide the Employee with a safe and healthy work environment.
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4.2 Employee's Obligations
This voluntary clause reflects the generally recognised obligations of employees in the workplace. It can be helpful, particularly when used in conjunction with a clause outlining the responsibilities of the employer, in establishing the commitment of both parties to a successful relationship.

Obligations of the Employee

The Employee shall:
(i)     Comply with all reasonable and lawful instructions provided to them by the Employer
(ii)    Perform their duties with all reasonable skill and diligence
(iii)   Conduct their duties in the best interests of the Employer and the employment relationship
(iv)   Deal with the Employer in good faith in all aspects of the employment relationship
(v)    Comply with all policies and procedures (including any Codes of Conduct) implemented by the Employer from time to time, and
(vi)   Take all practicable steps to perform the job in a way that is safe and healthy for themselves and their fellow employees.
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