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All employees in Australia must have a contract of employment. Whether an employee is hired on a full-time, part-time or casual basis will dictate what to include in the employment contract.
Here, we dive into what should be included in a casual employment contract and how to go about putting your own document together.
What is a casual employment contract?
A casual employment contract outlines the terms and conditions of employment between an employer and a casual employee. It provides both clarifications of the terms of employment and a degree of safety for both parties involved.
Download this template at Lawpath
When should I use a casual employment contract?
You can use a casual employment contract when you are employing a new casual employee or want to formalise terms with an existing casual employee.
Employment is considered to be casual when an employee has no set or guaranteed working hours. Both the employer and employee can terminate the contract without having to give notice, and the employee is not entitled the same leave as full or part-time employees. For this reason, casual employees generally get paid a higher hourly wage than permanent employees.
Casual employment contract vs part-time employment contract
Employment contracts are very similar, in that they provide clarity for terms of employment. While a casual employment contract and a part-time employment contract will include very similar types of information, they are dealing with two different types of employment.
The main difference between part-time and casual employment is that a casual employee has no defined working hours. A part-time employee, however, holds a permanent position in a company and will be given scheduled hours to work each week. These hours should be outlined clearly in a part-time employment contract.
What should a casual employment contract include?
A casual employment contract should address the following:
- Employee's job title and description,
- Duties and responsibilities of the employee,
- General terms and conditions of employment,
- Hourly rate of payment (include rates for weekdays, weekends and holidays),
- Details of leave entitlement,
- Grounds for termination of employment.
How effective is a casual employment contract?
If a casual employment contract is initiated from the beginning of employment, it can be extremely beneficial to both parties. As a legally binding contract, it helps both parties to understand the terms and conditions of employment before committing to the agreement. It's also one of the most effective ways to combat workplace disputes that may arise in the future.
Do I need a lawyer for a casual employment contract?
It is required by law that all employees receive written terms and conditions of their employment, but you do not need a lawyer to write up an employment contract. Instead, it can be useful to use an employment contract template to help structure your document and make sure you include all of the relevant clauses.
Get access to customisable casual employment contract templates online
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How do I write a casual employment contract?
A casual employment contract does not need to be a lengthy document. In general, they are two or three-page documents that use straightforward language to convey the terms and conditions of employment clearly.
Separating your casual employment contract into the following sections may help to structure your document, and make it easier to understand.
- Terms and conditions of employment
- Remuneration and allowances
- Duties and responsibilities
- Termination of employment
At the end of the contract, there should be a space for both parties to sign and date the agreement.
Where to get free legal documents and templates like a casual employment contract
Getting a casual employment contract wrong can cause problems further down the line. While you may not need to seek out legal advice, it can be helpful to use a casual employment contract template or free download from online.
Here's a selection of websites that allow you to view or download a casual employment contract for free.
- Lawpath. A useful online legal resource that allows you to browse a casual employment template for free. You'll need to sign up to the website to access customisation options, but your first template comes free of charge.
- Lawdepot. Download and edit a casual employment contract completely free of charge, along with lots of other legal documents.
- LegalVision. When you become one of LegalVision's members, you'll have unlimited access to hundreds of legal document templates.
- WonderLegal. An online resource with more than 140 legal documents to browse. To customise them, you'll need to pay a one-time fee. Their casual employment contract template will set you back $59.99.
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