Contracts of employment will typically include standard contractual agreements as per legislation, such as the Fair Work Act 2009 in Australia, as well as specific items pertaining to individual practice. There are some items that must be present for the document to be binding on both parties.
The key requirements in a contract of employment are:
- Name and contact details of both parties
- Commencement date of the position and the end date of employment if the position is for a fixed term
- Job title and the duties or role of the position, this is often set out in an attachment
- Location(s) or place of employment
- Length of the probationary period, if any
- Employment status (full-time, part-time or casual) and hours of work which should stipulate ordinary working hours as well as any agreed on-call or after hours requirements and specified meal breaks
- Any supervision or training requirements
- Rates of pay including penalty rates
- Public holiday working arrangements and pay rates
- Leave specifications which should outline annual leave as well as other leave such as personal leave or study leave
- Superannuation
- Expenses
- Termination processes for both parties
In addition to the key requirements in a contract of employment, physician employment contracts may also include workload, flexible work arrangements, occupational health and safety policies, workers compensation complaints procedures and reporting structure, confidentiality, and dress standards. If they are not included, the employee should be provided with information about where to access relevant policies.
Contracts of employment can be verbal but it is strongly recommended that they be put in writing in order to avoid disputes at a later stage. A written doctor employment contract should have a provision for both parties to sign agreement to the terms. When signing an employment contract it is a good idea to ask about any implied terms that may not be included such as the employer’s obligation to provide a safe working environment or the employee’s requirement to have a driving licence in order to drive company vehicles.
In Australia, all employees are covered by the National Employment Standards (NES) regardless of whether or not they have signed a contract of employment. The NES sets out legal minimum entitlements that have to be provided to all employees.
In the UK, employees are protected by minimum statutory rights and the constitution of the National Health Service (NHS) includes a number of pledges beyond those legal rights to provide a high-quality working environment for staff. If you are yet to secure yourself a job, then feel free to browse our doctors jobs for your next opportunity.