An employment contract usually sets out the rights and obligations an employee has in the workplace. It is usually a written legal document that lays out the terms and conditions of the relationship between you and your employer.
Employment contracts are usually binding documents. They are often the root of the relationship between the parties to the employment. The employment contract will be the first thing to be considered in the event of any dispute as to the terms and conditions of the employment.
Employment contracts may not always be written. They may also be oral or implied from statements or conduct of you and your employer.
Who Uses Written Employment Contracts?
It is not in every job position that written employment contracts will be offered to employees. This situation most often applies in the private sector and for union-represented workplaces.
In the private sector, employment contracts are written most frequently for higher level jobs and senior employees. They are usually used because the position involves a lot of detail that needs to be set down in writing or for employers who have a lot to lose if the relationship does not work out as planned.
The employment contract can also be negotiated for union-represented employees. A lot of unions work hard to ensure that the members of the union have favorable working conditions. The negotiations of the union with the employers and the resolutions are usually made a part of the employment contract.
What Does an Employment Contract Cover?
It is important to note that every employment contract is different, though it is never legal for your employer to introduce discriminatory or unfair terms in the contract. The employment contract will generally cover items like:
- Job description: This is usually an overview of what your responsibilities in the employment will be.
- Compensation: This usually covers salary and any other monetary benefits that accompany the job.
- Working conditions: This item covers the total amount of hours or days in a week you would be required to work, paid vacation, paid sick leave, and paid time off.
- Incentives: Any incentives either based on performance or otherwise would usually be inserted in the contract.
- Benefits: This item covers any extra allowances such as phone, car, housing, or phone allowance.
- Termination: It is normal for the contract to touch on the circumstances in which your employment can be terminated.
What Should You Do Before Signing an Employment Contract?
The employment contract is quite important to your life and career at that particular workplace. You must never rush into signing the agreement. Here are some things that you should consider before signing
- Job description: It is necessary for you to determine exactly what your duties in the employment will be. This is important so that you do not enter the employment and begin to feel cheated or overworked.
- Job security: Ensure that you understand the situations under which your contract can be terminated. What will happen if your employer’s business is sold?
- Compensation and benefits: Make sure you are clear on what the compensation package will include. Some compensation may be performance based. Others could involve a complicated structure by which you will not receive all of your payment up-front.
- Moonlighting: If you plan to do any work on the side, you also need to ensure that the contract leaves you free to do so.
Have Questions? Speak to an Experienced Employment Contract Lawyer in Kansas City Today
If your employer violated the terms of your employment contract, take action and contact HKM Employment Attorneys today. Our legal team is experienced, skilled, and ready to help.