Employment Contracts
Employment agreements, offer letters, at-will contracts, and staffing agreements. Free templates — download PDF or Word, no signup required (2026).
Indefinite Employment Contract Argentina (Contrato por Tiempo Indeterminado)
An Indefinite Employment Contract (Contrato de Trabajo por Tiempo Indeterminado) for Argentina — governed by the Ley de Contrato de Trabajo 20.744 Art. 90, establishing an open-ended employment relationship with AFIP registration, ANSES contributions, aguinaldo (SAC), annual leave, and mandatory ART workplace insurance coverage.
Apprenticeship Agreement (Australia)
Create an Apprenticeship Agreement for Australia covering the training contract, RTO details, progressive pay rates, superannuation, NES entitlements, and state training authority registration requirements.
Apprenticeship / Traineeship Training Contract (Australia)
Create a legally compliant Apprenticeship or Traineeship Training Contract for Australia. This document covers all key elements of the Australian Apprenticeships Framework, including State Training Authority registration, nominal term, competency-based progression, award wages, superannuation, off-the-job training at an RTO, AASN provider details, government incentive payments, WHS obligations under the Work Health and Safety Act 2011, and termination provisions. Suitable for all trades and vocational qualifications across all Australian states and territories.
Commission Agreement (Australia)
An Australian Commission Agreement is a supplemental employment contract that sets out the terms of a commission-based remuneration structure for sales staff. It defines the commission rates, the calculation base (e.g. Net Revenue or Gross Profit), eligible sales, payment timing, and any clawback provisions. This template is drafted in accordance with the Fair Work Act 2009 (Cth), the National Minimum Wage Order, the applicable Modern Award, and the Superannuation Guarantee (Administration) Act 1992 (Cth). What is a Commission Agreement? A Commission Agreement (also called a sales commission agreement, commission-based employment agreement, or variable remuneration agreement) is a contract that supplements an employee's employment contract by setting out the terms of a commission-based component of their remuneration. In Australia, commission-based sales roles are common across industries including real estate, finance, insurance, technology, retail, and professional services. Unlike commission structures in some overseas jurisdictions, Australian employment law imposes minimum wage protections that apply regardless of commission earnings — meaning an employer cannot reduce or 'offset' an employee's minimum award entitlements against commissions earned. The Fair Work Act 2009 (Cth) and Minimum Wage Requirements All Australian employees, including those on commission-based remuneration, must be paid at least the applicable minimum wage for all hours worked. This minimum wage is either the National Minimum Wage (for award/agreement-free employees earning below the high income threshold) or the applicable Modern Award minimum rate for their classification. The Fair Work Commission conducts an Annual Wage Review each year and issues updated minimum wage orders. Employers who rely on commission income to make up the minimum wage (i.e. pay a lower base salary in the expectation that commission will top it up) risk contravening the Fair Work Act 2009 (Cth) if the employee earns insufficient commission in any given pay period. This means that a commission agreement must provide for a sufficient base salary that, on its own, meets the applicable minimum wage requirement — and commission is payable on top of that base salary. When is a Commission Agreement Needed? A Commission Agreement is needed whenever an employer wishes to include a commission-based component in the remuneration of a sales employee. It is particularly important for: - Business development managers and account executives - Real estate agents and mortgage brokers - Insurance brokers and financial advisers - Retail sales staff who earn commissions on product sales - Technology and SaaS sales representatives - Any employee whose total remuneration includes a variable commission component Key Elements of an Australian Commission Agreement A comprehensive Australian Commission Agreement should include the following key elements: 1. Parties and role details: Full legal names, ABN, job title, employment type, commencement date, and the applicable Modern Award or enterprise agreement. 2. Sales territory and product lines: A clear definition of the geographic territory and/or product lines for which the employee is responsible and on which commissions are calculated. 3. Base salary: The guaranteed annual base salary, exclusive of commission and superannuation. The base salary must be at or above the applicable Modern Award minimum or National Minimum Wage. 4. Superannuation: Contributions at 11.5% of ordinary time earnings (from 1 July 2024) under the Superannuation Guarantee (Administration) Act 1992 (Cth). Note that superannuation is generally payable on the base salary, and the treatment of superannuation on commission payments is a complex area that depends on the characterisation of the commission. 5. Commission rate(s): The commission percentage(s) applicable to eligible sales, which may be a flat rate or a tiered structure with different rates at different revenue thresholds. 6. Commission calculation base: The revenue or profit figure on which commission is calculated, including a clear definition of what is included and excluded (e.g. whether GST, returns, and discounts are deducted before calculating commission). 7. Eligible sales and exclusions: Which sales qualify for commission and which are excluded (e.g. house accounts, inter-company sales, or sales where payment is not received). 8. Commission payment timing: When commission is calculated and paid (e.g. monthly, based on invoiced revenue or collected revenue). 9. Clawback provision: Whether the employer can recover commission paid if a customer subsequently cancels or defaults. Any deduction from wages for this purpose must comply with the Fair Work Act 2009 (Cth) s 324, which requires the employee's written authorisation for most wage deductions. 10. Sales targets and KPIs: The quantitative targets and key performance indicators applicable to the role and the consequences of not meeting them. 11. Leave and commission: How commission interacts with periods of paid leave. 12. Commission on termination: The employee's entitlement to commissions on and after the termination of employment. This template is suitable for use across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.
Employee Confidentiality Agreement (Australia)
An Employee Confidentiality Agreement is a written contract between an employer and an employee that defines the employee's obligations to protect the employer's confidential information — including trade secrets, client lists, proprietary technology, and business strategies — both during and after their employment. In Australia, the legal framework governing employee confidentiality obligations is multi-layered, drawing on equity, contract law, statutory duties, and intellectual property legislation. The foundational basis for employee confidentiality in Australian law is the equitable duty of confidence. Under this doctrine — developed through cases such as Coco v A N Clark (Engineers) Ltd [1969] RPC 41 (applied extensively in Australian courts) and Moorgate Tobacco Co Ltd v Philip Morris Ltd (No 2) (1984) 156 CLR 414 (High Court of Australia) — information is protected in equity if it is of a confidential nature, was imparted in circumstances giving rise to an obligation of confidence, and unauthorised use would be detrimental to the party who communicated it. During employment, this equitable duty applies alongside contractual confidentiality obligations. The Corporations Act 2001 (Cth) section 183 imposes a statutory duty on company officers and employees not to improperly use information obtained in that capacity to gain an advantage for themselves or anyone else, or to cause detriment to the corporation. This provision applies to all officers and employees of corporations and supplements both equitable and contractual duties. The Fair Work Act 2009 (Cth) also shapes the employment relationship within which confidentiality obligations operate. Confidentiality clauses in employment contracts must not be so broad or oppressive as to constitute a harsh, unjust, or unreasonable term, nor should they prevent employees from exercising their National Employment Standards (NES) entitlements or rights under applicable Modern Awards or Enterprise Agreements. The Fair Work Act's unfair dismissal and general protections provisions (Part 3-1) also limit the circumstances in which an employer can discipline an employee for alleged breach of confidentiality. Post-employment confidentiality obligations — sometimes called restraints or non-disclosure obligations in the post-employment period — are enforceable in Australia provided they are reasonable in scope and duration, limited to genuinely confidential information (not general skills or knowledge acquired during employment), and serve a legitimate business interest of the employer. Australian courts and tribunals regularly scrutinise post-employment confidentiality clauses, and an obligation that is too broad in scope, covers too long a period, or purports to protect information that is not genuinely confidential may be reduced or declared void as an unreasonable restraint of trade. Intellectual property created by employees in the course of their employment is addressed by specific Australian legislation. Under the Copyright Act 1968 (Cth) section 35(6), copyright in a work made by an author in pursuance of the terms of their employment under a contract of service or apprenticeship vests in the employer unless the contract of service otherwise provides. Under the Patents Act 1990 (Cth), an employee's invention made in the course of their employment will generally be owned by the employer where the invention is made in the course of the employee's normal duties. An Employee Confidentiality Agreement often includes an express IP assignment clause to make these obligations clear and to extend them where the legislation may not automatically apply. The whistleblower protection regime in Australia is critically important. Under Part 9.4AAA of the Corporations Act 2001 (Cth) and the Public Interest Disclosure Act 2013 (Cth), employees who make protected disclosures about suspected misconduct, breaches of law, or other specified matters are entitled to legal protection and cannot be subject to detriment for making such disclosures. A confidentiality agreement cannot prevent or penalise an employee from making a protected whistleblower disclosure — any attempt to do so would be void and may expose the employer to penalties. The remedies available to employers for breach of employee confidentiality obligations include injunctive relief (to prevent ongoing or threatened disclosure), an account of profits (to recover gains made by the employee from the unauthorised use of confidential information), compensatory damages (to recover quantified losses), and, where expressly provided for in the agreement, liquidated damages (a pre-agreed sum per breach, provided it is a genuine pre-estimate of loss and not a penalty). An Employee Confidentiality Agreement is most effective when it is signed at the commencement of employment, is clearly worded, is reasonable in scope and duration, and is part of a broader employment framework that includes training on confidentiality obligations and appropriate data security procedures.
Director's Service Agreement (Australia)
Create a comprehensive Director's Service Agreement for an Australian company. Covers executive director duties, remuneration, superannuation, termination, post-employment restraints, and Corporations Act 2001 (Cth) director obligations.
Casual Employment Agreement (Australia)
Create a legally compliant Casual Employment Agreement for Australia under the Fair Work Act 2009 (Cth). Covers 25% casual loading in lieu of leave entitlements, no guaranteed hours, minimum shift engagement, Casual Employment Information Statement (CEIS) obligation, casual conversion rights under the employee choice pathway (ss66A-66M), superannuation at 11.5%, and general protections. Unique to Australian law — no equivalent in US, UK, or Canada.
Fixed-Term Employment Agreement (Australia)
Create a legally compliant Fixed-Term Employment Agreement for Australia under the Fair Work Act 2009 (Cth). Incorporates the December 2023 restrictions on fixed-term contracts under s333E (maximum 2-year term, renewal restrictions, anti-avoidance provisions), Fixed Term Contract Information Statement (FTCIS) requirement, early termination clause, full NES entitlements including accrued annual leave payout, and 11.5% superannuation.
Full-Time Employment Agreement (Australia)
Create a legally compliant Full-Time Employment Agreement for Australia. Drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and Superannuation Guarantee requirements. Covers position, duties, salary, superannuation at 11.5%, 38-hour week, annual leave (4 weeks), personal/carer's leave (10 days), long service leave, notice periods, probation, confidentiality, and intellectual property assignment.
Part-Time Employment Agreement (Australia)
Create a legally compliant Part-Time Employment Agreement for Australia under the Fair Work Act 2009 (Cth). Specifies guaranteed minimum hours, regular pattern of work, pro-rata NES entitlements (annual leave, personal leave, compassionate leave, parental leave, long service leave), 11.5% superannuation, and Modern Award compliance. Suitable for all industries including retail, hospitality, healthcare, and professional services.
Employment Contract (Australia)
Create a comprehensive Employment Contract for Australia covering all National Employment Standards, salary, leave entitlements, superannuation, termination, and confidentiality under the Fair Work Act 2009 (Cth).
Internship Employment Contract (Australia)
Create an Internship Employment Contract for Australia for paid interns. Covers intern duties, fixed-term period, NES entitlements, superannuation, and Fair Work Act 2009 compliance for employment-based internships.
Employment Offer Letter (Australia)
An Australian Employment Offer Letter is a formal written document issued by an employer to a successful job applicant, setting out the key terms and conditions of the proposed employment relationship. It serves as the foundation for the employment contract and, once accepted by the applicant, creates a binding agreement between the parties. This template is drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), the Superannuation Guarantee (Administration) Act 1992 (Cth), and the Fair Work Information Statement (FWIS) requirements. What is an Employment Offer Letter? An Employment Offer Letter (also known as a letter of offer, a job offer letter, or an engagement letter) is a written communication from an employer offering a candidate a position of employment. It typically includes the job title, department, reporting line, commencement date, remuneration, leave entitlements, probationary period, notice period, and any special conditions of the offer. Once signed and returned by the applicant, the letter of offer — together with any accompanying employment agreement — forms the written employment contract. Under Australian law, an employment relationship can arise from an oral agreement, but a written offer letter significantly reduces the risk of disputes about the agreed terms. When is an Employment Offer Letter Needed? An Employment Offer Letter is needed whenever an Australian employer wishes to offer a candidate a position of employment, whether full-time, part-time, fixed-term, or casual. It is best practice to issue a written offer letter in all cases, regardless of employment type, to ensure that both parties have a clear record of the agreed terms before employment commences. Key Elements of an Australian Employment Offer Letter A comprehensive Australian Employment Offer Letter should include the following key elements: 1. Employer details: Full legal name and ABN of the employer. The ABN is required for superannuation and payroll tax purposes. 2. Applicant details: Full name, address, email, and phone number of the successful candidate. 3. Position details: Job title, department, employment type (full-time, part-time, fixed-term, or casual), reporting manager, primary work location, and the applicable Modern Award or enterprise agreement (or confirmation that the employee is award/agreement-free). 4. Commencement date: The proposed start date of employment. 5. Probationary period: The length of any probationary period. Under the Fair Work Act 2009 (Cth) s 383, the minimum employment period for unfair dismissal purposes is 6 months from commencement for most employers (or 12 months for small business employers with fewer than 15 employees). A 6-month probationary period aligns with this threshold. 6. Remuneration: The annual base salary or ordinary rate of pay, payment frequency, and superannuation arrangements. Superannuation at 11.5% of ordinary time earnings is compulsory under the Superannuation Guarantee (Administration) Act 1992 (Cth). The rate will increase to 12% from 1 July 2025. All employees must be paid at least the National Minimum Wage or the applicable Modern Award minimum rate. 7. Performance bonus or incentive (if applicable): Details of any discretionary or contractual bonus or commission arrangement. 8. Leave entitlements: Under the National Employment Standards (NES) in Part 2-2 of the Fair Work Act 2009 (Cth), all full-time and part-time employees are entitled to a minimum of 4 weeks of paid annual leave, 10 days of paid personal/carer's leave, 2 days compassionate leave per occasion, community service leave, unpaid parental leave of up to 12 months (with the right to request a further 12 months), and the right to take public holidays. 9. Long service leave: Accrues under the applicable state or territory long service leave legislation and varies across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. 10. Notice period: The notice required by either party to terminate the employment relationship. Must not be less than the statutory minimums under the Fair Work Act 2009 (Cth) s 117. 11. Additional benefits: Any benefits offered above the statutory minimum, such as equipment, flexible working, professional development, or health insurance. 12. Pre-employment conditions: Any conditions that must be satisfied before the employment commences, such as right-to-work verification, police checks, or reference checks. Employers must verify an employee's right to work in Australia under the Migration Act 1958 (Cth). 13. Fair Work Information Statement: Under the Fair Work Act 2009 (Cth), employers must provide the FWIS to all new employees before or as soon as practicable after commencement. 14. Acceptance mechanism: A clear statement of the offer expiry period and how the applicant should accept the offer. This template is suitable for use across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.
Fixed-Term Employment Contract (Australia)
Create a legally compliant Fixed-Term Employment Contract for Australia. Covers Fair Work Act 2009 requirements, maximum term rules, anti-avoidance provisions under the Secure Jobs, Better Pay reforms, role description, salary, and leave entitlements.
Independent Contractor Agreement (Australia)
Create a legally compliant Independent Contractor Agreement for Australia. Covers ABN requirements, sham contracting protections, GST, IP ownership, WHS obligations, and the multi-factor contractor test under Fair Work Act 2009. Suitable for all states and territories including NSW, VIC, QLD, WA, SA, and ACT.
Internship / Vocational Placement Agreement (Australia)
Create a legally compliant Internship and Vocational Placement Agreement for Australia. Covers Fair Work Act 2009 s12 vocational placement requirements, learning objectives, supervision, WHS obligations, insurance, confidentiality, and the distinction between genuine placements and unlawful unpaid work. Suitable for all states and territories.
Labour Hire Agreement (Australia)
Create a legally compliant Labour Hire Agreement for Australia. This agreement governs the tripartite arrangement between a labour hire provider, a host employer, and the workers supplied. It covers licence compliance under the Labour Hire Licensing Acts of Queensland (2017), Victoria (2018), and South Australia (2017), employment obligations under the Fair Work Act 2009 (Cth) s15A, WHS responsibilities, workers' compensation, charge rates, payment terms, and termination provisions. Suitable for all Australian states and territories.
Nanny Employment Contract (Australia)
An Australian Nanny Employment Contract is a formal written agreement between a household employer (typically a family) and a nanny engaged to provide in-home childcare and related domestic services. This contract sets out the terms and conditions of the nanny's employment and ensures that both parties understand their rights and obligations under Australian employment law. This template is drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), the Miscellaneous Award 2020, and the Superannuation Guarantee (Administration) Act 1992 (Cth). What is a Nanny Employment Contract? A Nanny Employment Contract (also called a nanny agreement, childcare employment agreement, or in-home childcare contract) is an employment agreement specifically designed for the engagement of a nanny or in-home childcare worker. In Australia, nannies who are engaged on an ongoing basis with regular hours and subject to the direction and control of the family are classified as employees — not independent contractors. As employees, nannies are entitled to the full range of National Employment Standards (NES) entitlements under the Fair Work Act 2009 (Cth), including paid annual leave, personal and carer's leave, compassionate leave, parental leave, and public holidays. Nannies who are employees are typically covered by the Miscellaneous Award 2020 (MA000104), which is a Modern Award that covers employees who are not covered by any other industry or occupation-specific Modern Award. The Miscellaneous Award 2020 sets minimum pay rates, overtime entitlements, and other conditions of employment. Employers must ensure the nanny's pay rate is at or above the applicable Miscellaneous Award 2020 minimum rate, which is updated annually by the Fair Work Commission. When is a Nanny Employment Contract Needed? A Nanny Employment Contract is needed whenever a family engages a nanny or in-home childcare worker in Australia on an ongoing basis with regular hours. This includes full-time nannies, part-time nannies, and nannies engaged on a regular and systematic casual basis. Even if the nanny is engaged informally at first, it is strongly recommended that a written contract be put in place to protect both parties and to ensure compliance with the Fair Work Act 2009 (Cth). A written nanny employment contract is particularly important because it: sets out the agreed hours, duties, and pay rate; ensures compliance with the Miscellaneous Award 2020; provides a clear record of superannuation arrangements; establishes confidentiality obligations; and sets out the process for terminating the employment. Key Elements of an Australian Nanny Employment Contract A comprehensive Australian Nanny Employment Contract should include the following key elements: 1. Employer and nanny details: Full names, addresses, and contact details of the employing family and the nanny. 2. Employment type: Whether the nanny is full-time (38 ordinary hours per week), part-time (agreed reduced hours), or casual (no guaranteed hours, with a casual loading payable under the Miscellaneous Award 2020 instead of paid leave entitlements). 3. Commencement date: The date on which the nanny's employment begins. 4. Duties and responsibilities: A detailed description of the nanny's duties, including childcare responsibilities, meal preparation, school runs, and any light housekeeping related to the children. 5. Hours of work: The agreed ordinary working hours and schedule, including start and finish times and any meal break arrangements. 6. Pay rate: The agreed hourly rate or weekly salary, which must be at or above the applicable Miscellaneous Award 2020 minimum rate and the National Minimum Wage Order made under the Fair Work Act 2009 (Cth). 7. Superannuation: Contributions at the compulsory Superannuation Guarantee rate of 11.5% (from 1 July 2024) of ordinary time earnings, payable in addition to the base wage under the Superannuation Guarantee (Administration) Act 1992 (Cth). 8. Leave entitlements: Annual leave, personal/carer's leave, compassionate leave, parental leave, and public holiday entitlements in accordance with the NES. 9. Probationary period: A period during which both the family and the nanny can assess the suitability of the arrangement. 10. Notice period: The written notice required by either party to terminate the employment, which must be at least the statutory minimum under the Fair Work Act 2009 (Cth) s 117. 11. Working With Children Check: The requirement for the nanny to hold and maintain a valid Working With Children Check (WWCC) or equivalent in the applicable state or territory. 12. Driving requirements: If the nanny is required to transport the children, the driving requirements, vehicle arrangements, and licence requirements. 13. Confidentiality: The nanny's obligation to maintain the confidentiality of the family's private information and to refrain from posting photographs of the children on social media without consent. This template is suitable for families engaging nannies across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.
Non-Compete Agreement (Australia)
An Australian Non-Compete Agreement — also called a Restraint of Trade Agreement — is a legally enforceable contract between an employer and an employee (or contractor) that restricts the employee from engaging in competitive activities after the employment relationship ends. Unlike some other jurisdictions, Australia does not have dedicated national legislation governing post-employment restraints in the private sector. Instead, they are governed by the common law restraint of trade doctrine and, where the employer is based in New South Wales, the Restraints of Trade Act 1976 (NSW). Under the common law, a restraint of trade is prima facie void as contrary to public policy. However, it will be upheld if the employer can demonstrate two things: first, that the employer has a legitimate protectable business interest (such as confidential information, trade secrets, goodwill, or established client relationships); and second, that the restraint goes no further than is reasonably necessary to protect that interest. Courts assess reasonableness by reference to the duration of the restriction, the geographic scope, and the range of activities restricted. The Restraints of Trade Act 1976 (NSW) provides an important safety net for NSW-based employment contracts. Under s 4, a restraint is valid to the extent that it is not against public policy. Unlike the strict common law approach, the Act allows NSW courts to 'read down' an overly broad restraint and enforce it to the extent that it is reasonable, rather than striking it out entirely. This makes NSW a relatively employer-friendly jurisdiction for drafting restraint clauses. When drafting an effective Australian non-compete agreement, a number of factors determine enforceability. The duration of the restriction should be proportionate to the employee's seniority and the employer's legitimate interests. Australian courts have generally upheld restraints of six to twelve months for most employees, while longer periods (up to two years) have been accepted for senior executives or where significant confidential information is involved. The geographic scope must be tailored to the employer's actual trading area — a nationwide restraint may be upheld for a senior executive of a national business but would be excessive for a local branch manager. The restricted activities must be directly related to the employer's business and the employee's role, rather than prohibiting the employee from working in any capacity. Courts will also scrutinise whether adequate consideration was provided in exchange for the restraint. Where a restraint is imposed on an existing employee (rather than at commencement of employment), additional consideration — such as a promotion, salary increase, or specific payment — is generally required to make it binding. Consideration given at the start of employment (the job itself) typically supports restraints imposed then. Common protectable interests recognised by Australian courts include confidential business information and trade secrets, established customer and client relationships, the employer's goodwill, and the product of the employer's investment in specialised training provided to the employee. This Non-Compete Agreement is suitable for a wide range of employment situations in Australia, including senior employees, sales staff, client-facing professionals, and employees with access to sensitive technical or commercial information. It should be read alongside any existing employment contract and confidentiality obligations, and adapted to the specific circumstances of the employer's business and the employee's role. Employers are encouraged to seek advice from a qualified Australian solicitor before relying on a restraint clause in legal proceedings, as enforceability is always assessed on the particular facts.
Non-Solicitation Agreement (Australia)
An Australian Non-Solicitation Agreement is a post-employment restraint contract that prevents a departing employee or contractor from actively approaching the employer's existing clients, customers, or other employees for a defined period after the employment relationship ends. Unlike a non-compete agreement, a non-solicitation agreement does not prevent the employee from working in the same industry or for a competitor — it simply prohibits targeted solicitation of specific people with whom the employee had an established relationship. Non-solicitation agreements are governed in Australia by the common law restraint of trade doctrine. The same reasonableness test that applies to non-compete clauses also applies to non-solicitation clauses, though courts tend to be more willing to enforce non-solicitation provisions because they are less restrictive of the employee's freedom to earn a livelihood. The employee remains free to work in the same industry and to accept clients who approach them unsolicited — they are merely prevented from actively pursuing the employer's existing relationships. In New South Wales, the Restraints of Trade Act 1976 (NSW) s 4 also applies to non-solicitation clauses. If a non-solicitation period is found to be longer than reasonably necessary, an NSW court may read it down to an enforceable period rather than striking out the entire clause. Employers in NSW benefit from this more flexible approach. There are two main categories of restriction in a non-solicitation agreement. A client or customer non-solicitation clause prevents the employee from approaching clients or customers of the employer, typically limited to those with whom the employee had material contact during a defined period (such as the last two years of employment). A staff non-solicitation (or non-poaching) clause prevents the employee from recruiting or inducing the employer's staff to leave. Both types of restriction must be reasonable in duration and scope to be enforceable. Australian courts assess enforceability by reference to the nature and extent of the client relationships developed during employment, the seniority of the employee, the degree of commercial sensitivity of the client relationships, and the legitimate business interest being protected. Where an employee had minimal client contact, a broad client non-solicitation clause is at greater risk of being struck down. A key practical difference between client non-solicitation and client non-dealing clauses should be noted. A pure non-solicitation clause only prevents the employee from actively approaching clients — it does not prevent the employee from accepting a client who contacts them of their own accord. A non-dealing clause goes further and prevents any business dealings with the employer's clients, regardless of who initiates contact. Non-dealing clauses are treated more like non-compete clauses and are subject to closer scrutiny by courts. To maximise enforceability, non-solicitation agreements should: identify the protected class of clients or employees with sufficient precision; specify a reasonable duration (commonly six to twelve months for most employees); be supported by adequate consideration (the role itself if agreed at commencement, or additional consideration if imposed mid-employment); and be drafted in connection with, and proportionate to, the employee's actual role and level of client contact. This Non-Solicitation Agreement is suitable for a wide range of roles in Australian businesses, including sales professionals, financial advisers, consultants, lawyers, accountants, recruiters, and any other employee who develops ongoing client relationships on behalf of the employer. It complements, and should be read alongside, any confidentiality obligations in the employment contract. Employers are encouraged to seek advice from a qualified Australian solicitor before relying on this agreement in legal proceedings.
Part-Time Employment Contract (Australia)
Create a Part-Time Employment Contract for Australia with pro-rata NES entitlements, guaranteed hours, superannuation, and termination provisions under the Fair Work Act 2009 (Cth).
Restraint of Trade Agreement (Australia)
An Australian Restraint of Trade Agreement — executed as a deed — is a comprehensive post-employment covenant that restricts a departing employee from competing against, soliciting clients from, or misusing the confidential information of their former employer for a defined period and within a defined geographic area after the employment relationship ends. This document takes the form of a deed rather than a simple agreement, which provides the advantage of not requiring fresh consideration to be proved independently of the employment contract, and creates a longer limitation period for breach of covenant claims under applicable state legislation. Australia does not have a single national statute governing post-employment restraints of trade. The primary legal framework is the common law restraint of trade doctrine, which treats all restraints as prima facie void unless the employer can satisfy two requirements: the existence of a legitimate protectable business interest, and that the restraint is no wider than reasonably necessary to protect that interest. Legitimate interests recognised by Australian courts include confidential information and trade secrets, established client and customer relationships (particularly where the employee was the primary point of contact), goodwill, and the product of significant investment in specialised training. The Restraints of Trade Act 1976 (NSW) provides a critical advantage for employers based in or contracting under New South Wales law. Under section 4, a restraint is valid to the extent that it is not against public policy — allowing NSW courts to read down an overly broad restraint clause rather than striking it out entirely. This 'read down' power is unique to NSW and makes it the most employer-friendly jurisdiction in Australia for restraint of trade purposes. One of the most important features of this deed is the use of cascading (or ladder) clauses for both the duration and geographic area of the non-compete restraint. Rather than specifying a single duration and area (which a court might find unreasonable and void in its entirety), the cascading clause sets out multiple alternative combinations — from the widest to the narrowest — and asks the court to enforce the widest combination that is reasonable in the circumstances. This technique, established by cases including Orton v Melman [1981] 1 NSWLR 583, significantly improves the prospects of at least partial enforcement. The geographic scope of a restraint must be proportionate to the employer's actual trading footprint. A nationwide restraint may be appropriate for the CEO of a national business but would be excessive for a branch manager. Similarly, the duration must reflect the employee's seniority, the nature of the confidential information held, and the time needed for clients to transfer loyalty to a new supplier. Periods of six to twelve months are most commonly upheld for general employees; periods of up to two years have been accepted for senior executives in exceptional circumstances. In addition to the non-compete, this deed includes optional non-solicitation covenants covering both the employer's clients and its employees. Non-solicitation clauses are generally treated more favourably by Australian courts because they are less restrictive of the employee's right to earn a livelihood — they prevent targeted poaching of specific clients or staff without preventing the employee from working in the industry at all. Consideration is a critical element of any restraint of trade agreement. Where the deed is executed at the commencement of employment, the offer of employment itself is adequate consideration. Where it is entered into during existing employment, additional consideration — such as a promotion, pay increase, cash payment, or access to new confidential information — must be provided. This deed contains a detailed consideration clause for this reason. This deed is suitable for a wide range of Australian employment situations involving senior employees, sales professionals, key account managers, technology and IP specialists, and other employees with access to commercially sensitive information. Employers should adapt this deed to the specific circumstances of the role and seek advice from a qualified Australian solicitor before relying on it in legal proceedings.
Secondment Agreement (Australia)
Create a legally compliant Secondment Agreement for Australia. This tripartite agreement governs the temporary assignment of an employee from their employing organisation to a host organisation. It covers continuity of employment, preservation of leave entitlements, superannuation, WHS responsibilities under the Work Health and Safety Act 2011, cost reimbursement, confidentiality, and early termination. Suitable for corporate, government, and not-for-profit secondments across all Australian states and territories.
Workplace Training and Development Agreement (Australia)
Create a legally compliant Workplace Training and Development Agreement for Australia. This agreement covers employer-funded study assistance, VET and higher education course support, study leave, paid study time, employee obligations, training cost recovery (bond-back provisions), intellectual property ownership, and Fair Work Act 2009 (Cth) s326 compliant deduction authorisations. Suitable for employers in all Australian states and territories providing financial support for VET qualifications, university degrees, professional certifications, and other training programs.
Acordo de Cessão de Empregado Brasil
Acordo de Cessão Temporária de Empregado entre empresas do mesmo grupo econômico no Brasil — regulado pelo Art. 469 da CLT (Decreto-Lei 5.452/1943), disciplina a transferência provisória do vínculo empregatício à empresa cessionária, mantendo o contrato original com a cedente, com retorno garantido ao término da cessão.
Non-Compete Agreement Brazil (Acordo de Não Competição)
A Non-Compete Agreement (Acordo de Não Competição) for Brazil — governed by Código Civil Art. 421 and CLT, establishing post-employment restrictions on competitive activities, protecting trade secrets, client lists and proprietary know-how, with defined geographic scope, duration and compensation clauses.
Indefinite Employment Contract Brazil (Contrato por Prazo Indeterminado)
An Indefinite Employment Contract (Contrato de Trabalho por Prazo Indeterminado) for Brazil — governed by CLT Art. 443, establishing a permanent employment relationship with CTPS registration, FGTS deposits, INSS contributions, 13º salário, férias + 1/3, and all mandatory benefits under Art. 7 of the Constituição Federal 1988.
Apprenticeship Agreement (Canada)
Create a formal Apprenticeship Agreement in Canada for trades and technical training. Covers apprentice wages, training schedule, on-the-job and in-school components, and provincial apprenticeship authority registration under the Red Seal Program and provincial trades legislation.
Contractor Offer Letter (Canada)
Create a Canadian Contractor Offer Letter for engaging an independent contractor. Addresses CRA worker classification (Wiebe Door four-fold test, Sagaz Industries SCC), T4A reporting, CPP self-employment contributions, GST/HST registration (ETA s240), Copyright Act RSC 1985 c C-42 IP ownership, chance of profit/risk of loss, ownership of tools, confidentiality obligations, and provincial governing law.
Employment Contract (Canada)
Hire employees in Canada with a legally compliant Employment Contract. Covers compensation, benefits, probation period, termination provisions, and provincial ESA requirements including CPP/EI deductions.
Employment Contract — Indefinite Term (Canada)
Create a legally compliant indefinite-term Employment Contract for Canada. Covers compensation, probation, statutory deductions (CPP/EI), termination notice requirements, non-solicitation, confidentiality, and provincial ESA compliance.
Internship Employment Contract (Canada)
Create a compliant Internship Employment Contract in Canada for paid interns. Covers compensation at or above minimum wage, ESA entitlements, learning objectives, and term length under provincial Employment Standards Acts and the criteria for distinguishing paid from unpaid internships.
Staffing Agency Contract (Canada)
Engage a Canadian staffing agency with a legally compliant recruitment contract. Covers candidate sourcing, payment terms in CAD, PIPEDA compliance, non-solicitation, workers' compensation requirements, and provincial employment standards.
Independent Contractor Offer Letter (Canada)
Offer an independent contractor engagement in Canada with a compliant offer letter. Covers compensation in CAD, contractor status under CRA guidelines, GST/HST obligations, IP assignment, confidentiality, and provincial governing law.
Fixed-Term Employment Contract (Canada)
Hire employees for a specific term in Canada with a compliant Fixed-Term Employment Contract. Covers term length, compensation, early termination clauses, and the Waksdale-compliant termination provisions under provincial Employment Standards Acts.
Internship Agreement (Canada)
Create a Canadian Internship Agreement compliant with provincial Employment Standards Acts. Covers paid and unpaid internships, educational practicum requirements (Ontario ESA s.1(2), BC practicum exemption), compensation with CPP/EI deductions, duties, supervision, IP ownership under the Copyright Act, and workplace safety.
Employee NDA (Canada)
Protect your business secrets with a Canadian Employee NDA. Covers confidential information, intellectual property assignment under the Copyright Act, return of materials, and post-employment obligations.
Part-Time Employment Contract (Canada)
Hire part-time employees in Canada with a compliant Part-Time Employment Contract. Covers variable or guaranteed hours, pro-rated benefits, ESA entitlements, and termination provisions under provincial Employment Standards Acts.
Volunteer Agreement (Canada)
Formalize a volunteer relationship in Canada with a Volunteer Agreement. Covers role description, confidentiality, code of conduct, liability waiver, and compliance with provincial volunteer protection legislation.
Collective Bargaining Agreement Switzerland (Gesamtarbeitsvertrag)
A Collective Bargaining Agreement (Gesamtarbeitsvertrag, GAV) for Switzerland — governed by the Swiss Code of Obligations (OR) Articles 356–358, covering Mindestlöhne, Arbeitszeit, Ferien, Kündigungsschutz, and Allgemeinverbindlicherklärung by the Bundesrat.
Collective Bargaining Agreement Chile (Contrato Colectivo de Trabajo)
A Collective Bargaining Agreement (Contrato Colectivo de Trabajo) for Chile — governed by Código del Trabajo Articles 318–344 — documenting the outcome of formal collective bargaining between an employer and a union or group of workers, establishing wages, benefits, working conditions, and duration for all covered workers.
Telework Agreement Chile (Teletrabajo)
A Telework Agreement for Chile — governed by Ley 21.220/2020 and Código del Trabajo Article 152 quáter — establishing remote work terms, equipment provision, connectivity allowances, ergonomic obligations, right to disconnect, and the worker's right to return to on-site work.
Apprenticeship Contract Chile (Contrato de Aprendizaje)
An Apprenticeship Contract (Contrato de Aprendizaje) for Chile — governed by Código del Trabajo Arts. 78–80 — for workers under 21 years of age combining practical workplace training with theoretical instruction, with SENCE oversight and special remuneration rules.
Domestic Worker Contract Chile (Casa Particular)
A Domestic Worker Contract (Casa Particular) for Chile — governed by Código del Trabajo Articles 146–152 — formalizing the employment of household staff including nannies, cooks, cleaners, and gardeners, with provisions for live-in and live-out arrangements, rest periods, and AFP/FONASA registration.
Foreign Worker Employment Contract Chile (Extranjero)
A Foreign Worker Employment Contract for Chile — governed by Código del Trabajo Article 19 and DL 1.094/1975 — for legally authorized foreign nationals, with provisions for work visa compliance, 85% Chilean worker quota, social security coverage, and repatriation obligations.
Manager/Director Employment Contract Chile (Gerente)
A Manager/Director Employment Contract for Chile — governed by Código del Trabajo Article 22 inciso 2 — for executives and senior managers exempt from working hour limits, with provisions for managerial exclusion, variable remuneration, non-compete clauses, and desahucio termination rights.
Indefinite Employment Contract Chile (Contrato de Trabajo Indefinido)
An Indefinite Employment Contract (Contrato de Trabajo Indefinido) for Chile — governed by the Código del Trabajo (DFL No. 1/2003) Article 159, establishing a permanent employment relationship with AFP pension contributions, FONASA/ISAPRE health coverage, AFC unemployment insurance, and all mandatory benefits including gratificación legal, feriado anual, and indemnización por años de servicio.
Minor Worker Employment Contract Chile (Menor de Edad)
A Minor Worker Employment Contract for Chile — governed by Código del Trabajo Articles 13–16 — establishing employment conditions for workers aged 15–17 with mandatory parental or guardian authorization, restrictions on working hours, prohibited hazardous work, and school attendance protections.
Specific Work Employment Contract Chile (Contrato por Obra o Faena)
A Specific Work Employment Contract (Contrato por Obra o Faena) for Chile — governed by Código del Trabajo Art. 159 No. 5 — establishing an employment relationship that terminates upon completion of the specific work or project for which the worker was engaged.
Fixed-Term Employment Contract Chile (Contrato de Trabajo a Plazo Fijo)
A Fixed-Term Employment Contract (Contrato de Trabajo a Plazo Fijo) for Chile — governed by the Código del Trabajo Art. 159 No. 4 — establishing a time-limited employment relationship with defined start and end dates, AFP pension, FONASA/ISAPRE health coverage, and AFC unemployment insurance.
Seasonal Agricultural Worker Contract Chile (Temporada)
A Seasonal Agricultural Worker Contract for Chile — governed by Código del Trabajo Articles 93–95 — formalizing temporary employment in fruit harvest, viticulture, and agricultural operations, with provisions for housing, transport, and social security for temporeros.
Part-Time Employment Contract Chile (Contrato de Trabajo a Tiempo Parcial)
A Part-Time Employment Contract (Contrato de Trabajo a Tiempo Parcial) for Chile — governed by Código del Trabajo Arts. 40bis–40bis F — for workers with a weekly schedule of 30 hours or less, with proportional remuneration, AFP, FONASA/ISAPRE, and AFC coverage.
SME Collective Work Instrument Chile (Instrumento Colectivo para Pyme)
A Simplified Collective Work Instrument for SMEs in Chile — governed by Código del Trabajo Articles 314–317 — allowing small and medium enterprises to negotiate working conditions and wages directly with workers or groups outside the formal reglada process, without triggering the right to strike.
Extralegal Benefits Agreement Colombia (Acuerdo de Prestaciones Extralegales)
An Extralegal Benefits Agreement (Acuerdo de Prestaciones Extralegales) for Colombia governed by the Código Sustantivo del Trabajo Article 53 and Constitución Política Article 53, formalizing employer-granted benefits exceeding the legal minimums including educational subsidies, supplementary health coverage, housing assistance, seniority bonuses, and additional vacation days.
SENA Apprenticeship Contract Colombia (Contrato de Aprendizaje SENA)
A SENA Apprenticeship Contract (Contrato de Aprendizaje) for Colombia governed by Ley 789 de 2002 Article 30 and Decreto 933 de 2003, establishing a special training relationship between a company sponsor and a SENA apprentice with a support allowance (apoyo de sostenimiento), ARL occupational risk insurance, and EPS health coverage during the lectiva and productiva phases of the apprenticeship programme.
Specific Work or Task Employment Contract Colombia (Contrato de Obra o Labor Determinada)
A Specific Work or Task Employment Contract (Contrato de Obra o Labor Determinada) for Colombia governed by the Código Sustantivo del Trabajo (CST) Article 45 literal d, establishing an employment relationship tied to the completion of a defined work or task with mandatory EPS health coverage, AFP/Colpensiones pension contributions, ARL occupational risk insurance, cesantías severance deposits, and all prestaciones sociales required under Colombian labour law.
Union-Employer Contract Addendum Colombia (Contrato Sindicato-Empresa)
A Union-Employer Contract Addendum (Contrato Sindicato-Empresa) for Colombia governed by the Código Sustantivo del Trabajo Article 470 and Ley 584 de 2000, formalizing supplementary agreements between a sindicato and employer on matters arising during the life of an existing collective bargaining agreement, including benefit modifications, workplace policy changes, and dispute settlements.
Telework Contract Colombia (Contrato de Teletrabajo)
A Telework Contract (Contrato de Teletrabajo) for Colombia governed by Ley 1221 de 2008 and Decreto 884 de 2012, establishing a remote employment relationship where the worker performs duties from a location outside the employer's premises using information and communication technologies (TIC), with mandatory EPS health coverage, AFP/Colpensiones pension contributions, ARL occupational risk insurance, cesantías severance deposits, and all prestaciones sociales required under Colombian labour law.
Occasional or Transitory Work Contract Colombia (Contrato de Trabajo Accidental, Ocasional o Transitorio)
An Occasional or Transitory Work Contract (Contrato de Trabajo Accidental, Ocasional o Transitorio) for Colombia governed by the Código Sustantivo del Trabajo (CST) Article 6, establishing a short-term employment relationship for work of no more than one month that falls outside the employer's ordinary business activities, with mandatory ARL occupational risk coverage and proportional prestaciones sociales under Colombian labour law.
Agricultural Field Worker Contract Colombia (Contrato de Trabajo del Campo)
An Agricultural Field Worker Contract (Contrato de Trabajo del Campo) for Colombia governed by Articles 233 through 238 of the Código Sustantivo del Trabajo (CST), establishing a formal employment relationship for workers performing agricultural, livestock, forestry, or rural estate activities, with full entitlement to prestaciones sociales, EPS health coverage, AFP pension contributions, ARL occupational risk insurance, and all mandatory benefits under Colombian labour law.
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