Part-Time Employment Agreement Checklist

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Bringing on an employee part-time is very different to hiring a full-time employee, so it’s important that any employment agreement covers the specific issues that apply to a part-time employee.

Specific issues may include leave entitlements, responsibilities, expenses, exclusivity and intellectual property ownership. If you’re entering a Part-Time Employment Agreement, either as the employee or as the employer, answering the following questions will help you understand what issues must be considered. Complete and submit the checklist if you would like us to start drafting a Part-Time Employment Agreement for you. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

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1. Contract Details

A. What is the name, address and ABN of the Employer?
B. What is the name, address, email and phone number of the Part-Time Employee?
C. What will be the commencement date of employment?
D. What is the Employer's core business activity (in one sentence)?

2. Employee Services

A. What will be the Part-Time Employee's Title/Position?
B. Who will be the supervisor?
C. What services will the Part-Time Employee be providing? Please provide a detailed job description.
D. Are there any specific reporting requirements?
E. Will the Employer own everything created by the Part-Time Employee?

3. Scope of Employment

A. Will there be a trial or probation period?
B. What is the location/address at which the Part-Time Employee will need to provide the services (e.g. in the office or from home)?
C. How much resignation/termination notice is needed?
D. What are the usual business hours and scheduled work days?

4. Salary, Equipment and Expenses

A. What is the Part-Time Employee's Salary (inclusive of superannuation) based on the agreed work days?
B. Will any changes to the work days be reflected by a pro-rata change to the Part-Time Employee's Salary?
C. When will payments be made (e.g. weekly, fortnightly or monthly)?
D. Does the Part-Time Employee need to provide any specific equipment owned by them (e.g. computer, phone, camera, software) in connection with the provision of the services?
E. Will the Part-Time Employee be given any specific equipment to complete the services? If so, please provide details.
F. What allowances or pre-approved reimbursements for work-related expenses will the Part-Time Employee be entitled to (if any)?
G. Will the Part-Time Employee regularly be required to travel? If so, how will travel expenses be managed?

5. Leave and Overtime

A. What conditions will apply to the Part-Time Employee's annual leave entitlement (e.g. cap on accrual, must take leave over the new year period)?
B. Will the Part-Time Employee be required to provide services after hours, on public holidays and/or on weekends?
C. Will there be agreed 'overtime' payment for work completed outside of the agreed work hours?

6. Exclusivity/Non-Solicitation

A. Will the Part-Time Employee be prohibited from providing services to a competitor during or immediately after the term of employment? If so, what restrictions are required?

7. Special Conditions

A. Is there anything unusual about the employment relationship or the Part-Time Employee that should be addressed in the Employment Agreement?
B. Are there any special conditions that will apply to the Employment Agreement (e.g. unusual intellectual property ownership arrangements, share scheme arrangements, bonus structures or commissions)?

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