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Employment Relations: Employment agreement builder

Section 2: The Position and Duties

You will notice that some of the clauses on this page are red, and others are brown. The red clauses (in this case, Position and Duties) must appear in your final agreement.

Brown clauses (in this case, Reporting, Objectives and Review) are voluntary. They do not necessarily have to appear in your agreement. However, the more specific an agreement is, the better defined the relationship will be for both employer and employee.

Please take the time to read all clauses to check whether they would improve the information available to both the employer and employee. Don't forget that you can customise your selected clauses before you continue to the next section.

It is mandatory for the agreement to contain a clause mentioning the position.

Position
 
The Employee is being employed as .

Your agreement must contain a clause describing the duties. The following two options mention an attached job description; don’t forget to attach one (or if it’s short, add the description into this clause once you have saved it).

Duties as set out in the job description
 
The Employee shall perform the duties set out in the Job Description attached to this agreement.
Duties as set out in the job description which may be modified from time to time by the Employer
 
The Employee shall perform the duties set out in the Job Description attached to this agreement. These duties may be modified and updated by the Employer from time to time following agreement with the Employee. The Employee also agrees to perform all other reasonable duties and comply with reasonable instructions issued by the Employer.


The next four clauses are voluntary. You may choose to include them if you wish.

Reporting
 
The Employee shall report to or to any other representative of the Employer designated from time to time by the Employer.
Performance Objectives
 
The Employer shall, in consultation with the Employee, set the Employee objectives at least on an annual basis. These objectives shall be taken into account by the Employer when assessing the employee’s performance.
Performance reviews
 
The Employer shall conduct a performance review of the Employee on at least an annual basis. This review shall be taken into account in any salary reviews.
Secondment
 
In the event the Employer considers that a secondment (such as to a client or customer or project) would be in the best interests of the Employer, the Employee shall comply with all reasonable requests to carry out that secondment.
About OER | Department of Labour, May 2006. © The Crown