Negotiation for Employees

It is not only employers who use employment lawyers to draw up contracts and other legal documents.

 

There are also employment lawyers for employees, and some of their most important services are in respect of contracts.

 

An employment contract sets out the terms and conditions of employment and is legally binding.

 

The main advantage of a written contract is that both parties have the same understanding of the wages and conditions of employment. This can reduce or avoid the risk of disputes in the future.

 

The best time to request a contract is during the weeks leading up to your first day.

 

Employees should ensure they understand every clause. For a small fee, an employment solicitor can tell you whether the contract you have been asked to sign will protect you if there are problems later.

 

 

Contracts can sometimes include confidentiality clauses to reduce the risk of an employee using information about ex-employers for personal gain. They may also feature non-competition or restraint-of-trade clauses to protect the firm when an employee resigns. Policies and procedures – rules to be observed in the day-by-day performance of your job – may also be included.

 

Often you will have received a position description when applying for a job. If not, request a position description before signing your contract. The position description allows both parties to clearly understand the role and will also minimise disputes during employment.

 

A standard PD will cover:

 

role definition - why this job exists;

major accountabilities of the position;

objectives;

performance indicators - how achievement of the objectives will be measured;

knowledge and skills required;

level of training, qualifications and experience (distinguishing between essential and desirable);

important contacts and the purpose of each (internal or external);

authority levels - decisions and recommendations expected; and

reporting lines.

 

How can an Employee Contract Lawyer help?

Even if they are not lengthy, employment contracts can be quite complicated and cover a lot of information.

You can appoint someone to represent you in relation to a contract – this person is called a bargaining representative. A bargaining representative may be a friend, union representative, or employment.

An employee who has been give an employment contract with a restraint of trade (no-competition) clause should contact John F. Morrissey & Company to get advice on how this clause works.

However, the law is changing in respect of other employment conditions as well. Employment Lawyers for employees can give you the up-to-date information that modern industrial and employment law demands.