Employment law concerns all matters related to employees and employers in the workplace. Employment law covers all stages of employment, from hire to termination or resignation and everything that happens in between. When disputes arise, it is often due to a breach of a contract of employment, a breach of national rules or illegal dismissal. It is recommended that employers formalise new hires with an employment contract.
Employment contracts are instrumental in ensuring that both employers and employees are protected and have their employment formalised in writing. Although the national award system states employment terms such as minimum wage and leave entitlements, employment contracts go a step further to clearly setting out what the terms of employment are.
Further, they can also cover terms which the law does not such as non-disclosure, fringe benefits, restraint of trade and general company standards. If you intend to offer employees any fringe benefits or added incentives, it is important to have this stipulated in an employment contract.
Employment contracts will protect your business in the event that anything goes wrong, and will also ensure that your employee has a clear understanding of what their terms of employment will be.
Legislation governing employment is found in both the State and Federal jurisdictions. The majority of employment disputes fall under the Fair Work Act 2009 (Cth) and under the domain of the Fair Work Ombudsman or the Fair Work Commission (FWC).
Terms of employment also fall under the National Employment Standards (NES) and minimum remuneration falls under the national industry Award rate. An employment contract must comply with the minimum standards set out in the NES and relevant Industry Award.
What Is A Employment Contract Review Lawyer?
Employment contract review lawyers assist individuals and businesses by providing advice about employment contracts. If you are an employee, specialist employment contract review lawyers will inform you of the terms and conditions of your new job, including leave entitlements, payment and hours of work.
Expert employment contract review lawyers are committed to protecting your rights and future interests. If you are an employee or employer in the private or public sector, it is recommended that you consult with employment contract review lawyers who offer the following services:
- Reviewing termination terms and notice periods
- Advising on confidentiality obligations and restraint terms
- Ensuring the contract meets the minimum lawful requirements set out in the National Employment Standards
- Comparing your employment contract to a modern award
- Reviewing terms relating to wages or salary
Why Do I Need A Employment Contract Review Lawyer?
Employment contract review lawyers should be the first point of contract for employees and employers. For employees it is important that you have a professional side with you if you wish to negotiate the conditions of your employment. Otherwise it will be too late to do so after you sign your employment contract. When you put pen to paper, you become legally committed to the terms specified in the contract. Therefore it is prudent to consult with employment contract review lawyers who will make sure your employment contract is fair and transparent beforehand. These lawyers will ensure the employment contract are legally enforceable under Commonwealth and State legislation. For example, the terms and conditions you have negotiated with your employer are actually reflected in the employment contract. Equally, if you are an employer, these lawyers will advise you on how to reduce risk, such as contract breaches, by tailoring the contract to suit you and your employee’s needs.
If you require the services of an employment lawyer, you can submit a quote through LawPath. You can then compare fixed-price quick quotes from our expert employment lawyers, as well their experience, price and expertise, before you hire the right one for your job.
What Will A Employment Contract Review Lawyer Provide?
Employment Contract Review Lawyers will provide effective solutions for employees and employers that are specifically catered to their situation. While keeping their clients’ best interests in mind, these lawyers will carefully negotiate and amend contracts that are not compliant with relevant laws.
How Much Will A Employment Contract Review Lawyer Charge?
Usually, Employment Contract Review Lawyers, and lawyers in general, charge either a fixed amount or an hourly rate. Also, fees are calculated based on the solicitor’s expertise, experience, location, and whether the work is urgent.
Hourly rates and Court fees
The cost of a Employment Contract Review Lawyer will vary based on the scope of the work. Small issues likely to be addressed quickly will cost less. For matters that will need to go to the relevant Court, Commission, or Tribunal, there may be additional fees involved, particularly as this work takes time. These types of matters may also involve obtaining documents and negotiating with the other party.
What can a Employment Contract Review Lawyer legally charge?
Legal costs can rise very quickly, especially in litigation. However, this is sometimes hard to avoid when work is being done by a lawyer on an hourly basis. Where fixed-fees are not offered by the lawyer, you should expect to be invoiced on a monthly basis with a time period within which you are required to make payment. Lawyers are required to adhere to the rules outlined in the relevant acts. For example, in NSW and Victoria, this is the Legal Profession Uniform Law 2014. Lawyers who do not comply with these rules can face disciplinary action from the law society of their State.
Lawyers are required to provide to their clients a document called a ‘costs disclosure’ if your costs will be higher than $750.00. This document will outline how costs will be calculated in relation to your case. Also be mindful that costs are divided into ‘professional costs’ and ‘disbursements’, and you will be expected to pay for both. Professional costs are the costs of the actual work done by the lawyer, whilst disbursements cover incidentals such as court filing fees, telephone calls, photocopying charges – amongst other things.
What if I don’t agree with the costs?
You have the right to request an itemised bill that will outline how much time was spent on each task in relation to your matter, and how this adds up to the fee you’re requested to pay. If you wish to dispute the cost, you can make a complaint to the The Office of the Legal Services Commissioner (OLSC) and they will investigate the matter and may allocate a costs assessor. You can also take further legal action in the Courts if you feel you have been unfairly charged.
We work with employment law lawyers in our lawyer network who specialise in employment contract review and can provide assistance on a fixed-price basis. We make sure the price is transparent and affordable. There are no hidden costs and you have the option of choosing who you want as your lawyer.