From 1 July 2011 the Employer must keep a copy of the Employment Agreement signed by both parties.  The Employment Authority may award fines for failing to do so (although the Employer will be given a chance to comply).

If the Employee has been given an agreement but will not sign, keep an unsigned copy (we recommend with evidence that it has been given to the employee but they have refused to sign).

If you have an existing employee who has not signed an employment agreement we recommend you resolve any issues as soon as possible.  Find out why the employee will not sign. Often it is because of something very minor which can be easily fixed.  Even if the employee does not give reasons why they haven’t signed it doesn’t mean the agreement binds them. 

We strongly recommend an employee does not start to work for you until an agreement is signed, especially if you want the benefit of a 90 day trial period.  To ensure this takes place put a copy of the agreement in front of the employee as soon as possible even if in draft form. 

There is certain information that must be put in an employment agreement so we recommend that you have us check yours (especially if you got it from a mate!).  We can also provide template employment agreements specifically prepared for your workplace.