How essential are written contracts?

Many employers will be happy to know that an employment contract does not have to be written! Both employees and employers should be aware that a valid agreement can take the form of:

• A written document (potentially even if it is not signed)
• Part of a verbal discussion,
• Actions or conduct of the employee and employer, or
• A combination of the above.

Employment agreements contain the terms and conditions an employee has agreed to. Theses can also be contained in the policies and procedures of the workplace.

The fact that a valid contract can be verbal also means that it can be changed by the agreement of both parties.

It is really not a good idea to rely on these, however, as verbal contracts and amendments are far harder to rely on in the event of a dispute.

If you need advice on an employment contract, or even just putting one together, please contact Frank Legal’s Business and Corporate Team.

If you have further questions, please contact us at frank@franklaw.com.au

This is not legal advice. 

Written by Tim Cargill and Zdenka Marinov and edited by Andrew Graham.