Employment contract
An employment contract is fundamental to regulating the relationship between employer and employee. It should be as clear and simple as possible, while meeting the legal requirements of 6 c § LAS and follows the relevant recommendations. A well-drafted agreement helps to avoid misunderstandings and future disputes.Oral employment contracts?
Written employment contracts are not required by law, but oral contracts can be difficult to prove in case of disputes. Therefore, written contracts are always recommended. The employer is also obliged to provide written information on the terms and conditions of employment within seven days of the start of employment, according to the LAS.Remember:
If you are bound by a collective agreement, it may specify what the employment contract should look like. For example, this is the case at the time of writing for hotels and restaurants.Minimum
Section 6C of the Employment Act contains rules on what information must be provided in writing to the employee. These rules are in practice applied to what should be included as a minimum in the employment contract.
What must be included:
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- the name and address of the employer and the employee, the date of commencement of employment and the workplace or, if there is no fixed or main workplace, information that the work will be carried out in different locations or that the employee may determine his or her own workplace,
- a brief specification or description of the employee's duties and job title or job title,
- whether the employment is permanent or for a limited period of time or whether it is a probationary period, and
a) in the case of permanent employment: the notice periods that apply,
b) in the case of employment for a limited period: the end date of the employment or the conditions that apply for the employment to end and whether the employment concerns a special fixed-term employment, temporary work or seasonal work,
c) in the case of probationary employment: the length of the probationary period and any conditions for the probationary employment,
- starting salary and other salary benefits, which should be stated separately, and how often and in what manner the salary will be paid,
- the length of the employee's normal working day or work week or, if this cannot be determined due to the employer's arrangement of working hours, information about the working hours of the employment in another way,
- what shall apply to overtime or additional work and compensation for such work, where applicable,
- minimum deadline for notification of the arrangement of regular working hours and on-call hours and, where applicable,
a) that the accommodation will vary between different times and days,
b) rules for shift change,
- in the case of workers hired out by temporary employment agencies: information on the name and address of the client companies,
- information about the right to training provided by the employer, where applicable,
- the length of the employee's paid vacation,
- the provisions that the employer and employee must follow when either of them wishes to terminate the employment relationship,
- that employer contributions are paid to the state and information about the social security protection provided by the employer, and
- applicable collective agreement, if applicable.
Keep it simple
There is a reason to keep the employment contract as simple as possible. For example, having a job description in the employment contract can lead to discussions about how the world is changing.Checklist
- Use the Lew Lex template
- Check if the content of the 6C paragraph in LAS is included
- A clause stating that the employee has read the employer's staff handbook and associated policies if the employer has such a handbook
- Don't forget to provide a copy of your employer's privacy policy. See the chapter on GDPR.
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