Mr. S. was offered a job and was transferred from Perth to Hamilton. He signed two training obligations after starting to hire and a moving obligation when he signed his employment contract. We find that there are cases where an employer can “hire” a worker if the employer has paid for a specific course or qualification. We recommend that employers seek advice before availing themselves of such an agreement. Employment contracts must contain certain clauses. Additional clauses should be adopted to meet the needs of the organization and the worker. Also note that an employer`s right to deduct the amounts earned from wages is more limited than it has been. Even if the employment contract has a general right to deduct the sums owed, the employer must first consult the employee.
The staff member may always revoke his consent at any time prior to the withdrawal. A new labour court case serves as a warning to employers that recovering training, recruitment and equipment costs may be illegal. Some employers strive to ensure their return on investment in training workers by associating them with the company for some time after their training. If they go even further in this scenario, they may try to charge an employee if he or she does not stay for a specified period of time. This may be illegal. If a loan agreement does not benefit the worker, it may be incompatible with the EPA. A general deductibility clause in an employment contract is not sufficient to make a specific deduction of a worker`s salary. For example, company real estate that is not returned when a job ends does not allow the employer to automatically deduct the employee`s final salary. An employer must always consult an employee before making a deduction. You can use our employment contract manufacturer to establish an employment contract for your employees that meets your organization`s requirements. There were two obligations. One was the cost of the training and the cost of the examination to obtain a trainer`s certificate.
In the first 30 days, new workers must be employed under conventional conditions where there is a collective agreement. An employee and an employer may agree on additional conditions that are more favourable than those provided in the collective agreement. With respect to training obligations, Mr. S had another argument.