Free Employment Contracts

Using the free employment contracts and legal forms supplied here,
can make it easy for employers to spell out all the requirements for an employee:
non-disclosure, non-compete or restraint of trade clauses, working hours, remuneration etc.

There are advantages and disadvantages in having an employment contract. It ties the employee and employer to the provisions therein. (We'll talk more about how that actually works out in real life further down on this page.)

For example: The employer may stipulate a one month notice period in the employee contract, but should the employee turn out to be totally unsuitable for the job, the employer cannot shorten this period without full compensation.

Having said that - if the employee was not truthful about qualifications or skills on his/her application form or CV or during the interview, the employer will have grounds for dismissal. It is important to note the difference between lawful and Constructive Discharge (which is unlawful).

Your labor laws may allow a "contract at will" which does not require a notice period either way. Whilst the employer may feel it allows freedom to quickly get rid of underperforming employees, the labor court may not necessarily see it that way.

It's a double-edged sword though. It equally creates a situation where employees can resign with immediate effect, leaving an employer stranded at what may be a crucial time.

Enforcing Employment Contracts

The reality is that employees can leave whenever they feel like it anyway, whether there is a contract in place or not.

And in any event, an employer would not want to force an unwilling or hostile employee to return to work to fulfill his/her side of the notice period as stipulated in the agreement.

Employers therefor may well feel that they have the short end of the straw and that labor laws favor employees.

Take a look at the various employment templates available here before deciding which agreement would be ideally suited for the position and your company.

• Job Description - Guidelines to writing a complete document
• Job Application Forms - Legal guidelines for this document
• Free Employment Application Form - Even if a candidate submits a CV, an application form should be completed to provide the employer the opportunity to verify details and declarations on record
• Telephone Interviews - Tips for the Employer
• Legal Interview Questions - How to phrase your questions without breaking the law
• Post Interview Evaluation and Interview Report - An aid to selection of the best candidate
• Offer of Employment Letter - Issued to your candidate of choice - and / or
• Letter of Appointment
• Letter of Regret - Issued to unsuccessful candidates
• Employee Confidentiality Agreement
• Non-Solicitation - Agreement with No Compete clause included
• Temporary Employment Agreement - Can be used for casual employees or for a stand in for an employee on leave
• Fixed-Term Employment - Ideal for employment for a specific project or duration or for a seasonal job such as a swimming coach
• Permanent Employee Contract - A comprehensive agreement which you can easily edit to suit your specific requirements. The employer always has the right to inventions that come about in the workplace and as such the right to file a patent application. Specific clauses to protect this right are included in the employee contract
• Work Made for Hire - Guidelines and Free Agreement
• Invention and Copyright Assignment - Intellectual Property Agreement
• Employee Evaluation Form - Important tool for Employee Performance Management
• Employee Warning Letter - To record an offence or a lack of performance
• Employee Loan Agreement
• Restraint of Trade and Non-Compete Clauses

Please refer to the Free Contract Templates for our Independent Contractor Agreements

External Resources:

Reviewing the extensive range of challenging and behavioral interview questions at Best Job Interview can assist the employer in conducting interviews, the selection process and compiling post interview reports.

We also found a great source of information on Employee Rights to assist both employer and employee in conducting fair practice in the work place.

Advertising an Employment Position

Depending on the position being advertised, you will have to make the decision on which medium to use i.e. World Wide Web, newspapers, employment agencies or head hunters.

You should always (if possible) advertise the position within your organization and give your staff the opportunity to apply.

You can also offer a referral award to staff members who find suitable employees for you amongst their friends and acquaintances - why not - an employment agency will cost you a lot more.

Your printed advertisement or sign outside your place of business or notice on community boards etc. should give the following information:

• The job title and brief job description
• Qualifications required
• Application procedure i.e. telephone, CV or résumé by fax or mail and the closing date for applications
• Details of the Company - address, telephone, fax
• Name of the contact person

Constructive Discharge

It may also be termed constructive termination or constructive dismissal, depending on your legal jurisdiction and it warrants special mention.

This refers to a situation where an employer does not have rightful cause or legal grounds to terminate someone's employment and then wilfully creates an intolerable working condition so the employee ends up being driven to quit the job or tender his/her resignation.

The courts may still interpret this as a discharge and hold the employer liable for payments due to the employee, but the onus will be on the employee to prove wrongful termination.

Quite often it will not be a single act by the employer that creates an unbearable situation, but a series of events e.g.
* harassment or discrimination;
* giving an employee demeaning tasks;
* undermining managerial powers, etc.

The employee needs to keep record of these actions and any written exchanges between themselves and the employer or company. The employee must consult with a labor attorney for legal advice if he/she ends up having to make a case against the employer.

Legal Guidelines for our Free Employment Contracts:

Before you sign any of the free job agreements you must take the time to go through it with your new employee or allow him / her to take it home to study. Any changes as well as every page must be initialed by both employer and employee and two witnesses.

Note: The witnesses must in fact see both parties sign the free Employment Contracts because that (the signatures) are what they are witnessing. A witness may be called upon later to testify to this and may have to verify that the employee had the opportunity to read the free employment contracts and was not forced or placed under duress to sign.

For easy reference to find any of the free employment templates mentioned, please refer to our index of free legal forms and scroll down to the EMPLOYMENT section.

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