Employment Contract Terms

Employment contract terms can come in a variety of forms including oral, written, implied or a combination of all three. Employment contract terms can come from the original job advertisement, in the written correspondence of an offer letter, in e-mail communications, written agreements, oral agreements, employee handbooks or various additional employer/employee communications. While frequently more difficult to prove, oral contract terms are just as binding as written employment contract terms. In order to provide clarity prior to, during and after employment, essential employment contract terms should be clearly outlined in writing as assented to by both the employer and the employee. Memorializing employment contract terms in writing provides protection to the employer and employee and will assist in quickly resolving any contract-related disputes that may arise.

Fast Facts

  • Even if not stated in the employment contract terms, the law automatically includes certain terms, including: rights to paid holidays, right to receive the national minimum wage, and the right to be free from employment discrimination.
  • Where not stipulated in the original employment contract terms, the actions of the parties over time can create "custom and usage" terms that automatically become incorporated into the contract terms.

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