Tool intro
This tool is designed to create employment contracts - the basis of an employer-employee relationship – in accordance with Vanuatu’s laws. You are only legally required to have written employment contract if:
- is a fixed term employment agreement over 6 months long, or
- the employee will be living away from his or her ordinary place of residence.
However, having a written employment contract means that most details agreed to between you and your employee will be clearly documented and can be referred back to should there be any disputes.
This tool will run through a series of questions asking for these details, which will be used to customise your employment contract. It takes about [#] minutes to complete.
Once you have completed all the questions, simply enter you email address and we will email you the complete contact in an editable word document. [Alternatively, you can download the word document directly from the website?]
Further details on each of the questions can be found by clicking the link ‘More Information’.
Note: The questions will indicate whether the information is compulsory, recommended or optional under the following categories:
- Mandatory - means this information and the clause is required by Vanuatu law
- Recommended – means this information is not required by Vanuatu law but it is best practice
- Optional – means this is useful for specific reasons as detailed in the question information
Who is employment agreement is for?
Who is employment agreement is for? MANDATORY CLAUSE
The parties to this employment contract are:
-
, the "Employer"
Address:
Phone:
And
-
, the "Employee"
Address:
Phone:
VNPF:
What is the employees job title and duties?
What is the employees job title and duties? MANDATORY CLAUSE
The Employee is being employed as
The Employee’s general duties and responsibilities are set out in the job description attached to this contract. Their duties include carrying out all instructions the Employer gives them (provided they are lawful and reasonable).
The Employee’s main place of work will be
What is the type of contract (open ended/fixed term/casual)?
What is the type of contract (open ended/fixed term/casual)? MANDATORY CLAUSE
The Employee will start working for the Employer on and continue working until either the Employer or the Employee ends this relationship.
The Employee will start working for the Employer for a fixed period of time starting on and ending on
The Employee will work on a casual ‘as required’ basis with no expectation of ongoing Employment. The Employer will give reasonable notice when asking the Employee to work, and the Employee may choose whether to accept or decline the work. If the offer of work is accepted, the Employee must complete it – unless either the Employer or the Employee ends this contract.
Each time the Employee accepts an offer of work it is considered a new period of employment. The terms of this contract will apply to each new period of employment unless the Employer and Employee agree to changes.
If the Employee works 22 days or more a month for a period of 3 months, the Employee will meet the requirements for being in ‘continuous employment’ and the Employee will be entitled to annual leave, sick leave and severance pay in accordance with the Employment Act [Cap.160].
Vanuatu law requires open-ended contracts to include a 3-month probationary period. During this 3-month period, you can terminate your employee at any time.
Vanuatu law requires open-ended contracts to include a 3-month probationary period. During this 3-month period, you can terminate your employee at any time. OPTIONAL CLAUSE
This contract is subject to a probationary period of 3 months. During this period either the Employer or Employee may terminate the contract without giving notice at any time.
What are the normal hours of work for your Employee?
What are the normal hours of work for your Employee? MANDATORY CLAUSE
The Employee will work for each week on . The hours of work each day will be
The Employer may offer work during its usual hours of business of , between the normal hours of . There is no obligation on the Employer to offer work or the Employee to accept offered work.
The Employee will work for hours each on between the hours of . The Employee can choose when to work these hours each day provided they work the agreed number of hours.
The Employee’s hours of work are variable. The Employer will roster the Employee on for hours each . The timing of working hours will be set out in a roster.
The Employer will let the Employee know at least in advance of the new roster, unless there are exceptional circumstance. The Employer will make sure the Employee has a period of 24 hours off every week when the roster is set.
When will your Employee take meal and tea breaks?
When will your Employee take meal and tea breaks? MANDATORY CLAUSE
On days the Employee works more than 6 hours, the Employee is entitled to take a meal break. This break will be and taken at times agreed to by the Employer. The Employee is also entitled to take paid tea breaks of at least 20 minutes during the day.
Will your Employee be required to work extended hours sometimes?
Will your Employee be required to work extended hours sometimes? RECOMMENDED CLAUSE
The Employee’s normal hours of work may be extended:
- by voluntary agreement of both the Employee and Employer; or
- by order of the Employer, if additional work is required in an emergency, or the Employee’s work requires to be carried out continuously by using shift work.
The Employer must not require the Employee work more than 56 hours in one week.
If the Employee works additional hours without prior agreement from the Employer, the Employee will not be paid for these hours.
Will your Employee be working on Sundays and Public Holidays?
Will your Employee be working on Sundays and Public Holidays? RECOMMENDED CLAUSE
If a public holiday falls on a regular work day the Employee is not required to work.
The Employee works in the business activity of and the Employer may order the Employee to work on Sundays, public holidays or both.
The Employee may voluntary agree to work on Sundays, public holidays or both.
The Employee has voluntarily agreed to the normal working hours set out in Normal Hours of Work, which may include Sundays, Public Holidays or both.
What and how will you be paying your Employee?
What and how will you be paying your Employee? MANDATORY CLAUSE
The Employer will pay the Employee (gross) an hour.
The Employee will be paid by
The Employer will keep a record of all remuneration payments made for at least 3 years, which must be signed by the Employee.
The Employer must also provide a payslip if requested by the Employee.
The Employer will pay the Employee a gross annual salary of , which covers all the time worked during normal working hours.
The Employee will be paid by .
The Employer will keep a record of all remuneration payments made for at least 3 years, which must be signed by the Employee.
The Employer must also provide a payslip if requested by the Employee.
The Employee will be paid on a piece work basis at a rate of (gross) for each .
The Employee will be paid by , provided this is not less than 220vt per hour.
When the amount earned in the pay period is less than the applicable minimum wage rate based on the number of hours worked, the Employer will top up the Employee’s pay to at least the minimum wage rate.
The Employer will keep a record of all remuneration payments made for at least 3 years, which must be signed by the Employee.
The Employer must also provide a payslip if requested by the Employee.
Will you be paying your Employee commission in addition to his or her salary or wage?
Will you be paying your Employee commission in addition to his or her salary or wage? OPTIONAL CLAUSE
The Employer will pay a commission, which will be calculated as of in addition to the Employee’s base pay.
Any commission earned will be paid by .
VNPF contributions from both you and your Employee are required under Vanuatu law.
VNPF contributions from both you and your Employee are required under Vanuatu law. MANDATORY CLAUSE
The Employer will deduct 4% of the Employees gross monthly pay and into the Employees Vanuatu National Provident Fund (VNPF) account.
The Employer will deposit an additional of the Employees gross monthly pay into the Employee’s VNPF account.
VNPF contributions apply to all paid leave.
How will you pay your Employee if they work overtime?
How will you pay your Employee if they work overtime? MANDATORY CLAUSE
If the Employee works over the normal hours of work, the Employer will pay the following overtime rates:
| Category | Rate |
|---|---|
|
Over the normal weekly hours of work being:
|
1.25 times the normal hourly rate for the first 4 hours; and 1.5 times the normal hourly rate for any hours worked over the first 4 hours |
| Night work between 8pm and 4am (excluding night watchmen) | 1.75 times the normal hourly rate |
If the Employee works over the normal hours of work, the Employee may, by voluntary agreement, choose to either have the Employer pay overtime rates as per the table below, or take an equivalent time off in lieu on another day.
- If the Employee chooses to take time off in lieu on another day, rather than receive overtime payment, time off in lieu will be paid at the usual rate of pay.
- The Employer and Employee must agree in advance as to when the time off in lieu is to be taken.
| Category | Rate |
|---|---|
|
Over the normal weekly hours of work being:
|
1.25 times the normal hourly rate for the first 4 hours; and 1.5 times the normal hourly rate for any hours worked over the first 4 hours |
| Night work between 8pm and 4am (excluding night watchmen) | 1.75 times the normal hourly rate |
How much will you pay your Employee if he or she works on a Sunday or public holiday?
How much will you pay your Employee if he or she works on a Sunday or public holiday? RECOMMENDED CLAUSE
The Employee will not receive wages for hours that are not worked due to time off for public holidays.
The Employee will be paid his or her normal salary for days not worked due to time off for public holidays.
The Employee will be paid 1.5 times the normal hourly rate of pay if he or she works on a Sunday or public holidays.
The Employee will be paid his or her normal salary for working normal working hours, which may include Sundays, Public Holidays or both.
Does your Employee have any allowances or benefits as part of their remuneration package?
Does your Employee have any allowances or benefits as part of their remuneration package? OPTIONAL CLAUSE
The Employer will provide the Employee with the following allowance/s and benefits:
A housing allowance of per
An allowance for dependent children’s school fees of per for children.
A mobile device or devices and pay for all work-related data and calls (if applicable). It cannot be used for personal activities.
Use must not be offensive, illegal or harm the Employer’s interests and must follow any relevant policies and procedures, eg security or international use, which the Employer can review and update as required.
The Employer owns the device(s) and its number, if applicable. The device(s) must be handed back in a reasonable condition by the last agreed day of work.
The Employer can decide to stop providing the device if it is no longer needed for the Employee’s duties or if it has been misused – this includes temporary removal, eg if the Employee is on leave. The Employee will not be compensated.
A mobile device or devices and the Employer will pay for all data and calls (if applicable) whether work-related or not, as long as they consider the level of personal use to be reasonable
Use must not be offensive, illegal or harm the Employer’s interests and must follow any relevant policies and procedures, eg security or international use, which the Employer can review and update as required.
The Employer owns the device(s) and its number, if applicable. The device(s) must be handed back in a reasonable condition by the last agreed day of work.
The Employer can decide to stop providing the device if it is no longer needed for the Employee’s duties or if it has been misused – this includes temporary removal, eg if the Employee is on leave. The Employee will not be compensated.
A vehicle for work purposes only. It cannot be used for personal travel. The vehicle must be parked [type location, e.g. at work] when not in use. There is no entitlement to any particular vehicle, or type of vehicle. The Employer can change the vehicle at any time.
The Employer will pay all maintenance and running costs of the vehicle. The Employee will promptly pay any fines incurred while they are using the vehicle. The Employee must have a valid driver licence of the relevant class, must not drive the vehicle under the influence of alcohol or drugs, and comply with all relevant traffic laws.
The Employer can decide to stop providing the vehicle if it is no longer needed for the Employee’s duties or if it has been misused, e.g. repeatedly breaking traffic laws or vehicle use policies. The Employee will not be compensated.
A vehicle to use for work, which may also be used for personal travel.
The Employer will pay all maintenance and work-related running costs of the vehicle. The Employee will pay any fines incurred while they are using the vehicle, and fuel costs associated with personal use. The Employee must have a valid driver licence of the relevant class, must not drive the vehicle under the influence of alcohol or drugs, and comply with all relevant traffic laws.
This benefit may be removed at any time after reasonable consultation with the Employee.
The Employer will pay the Employee compensation of .
Repatriation expenses for the Employee to return to his or her ordinary place of residence, provided:
- the Employee has completed his or her contract period;
- the Employer has given notice as set out in Ending Employment and the Employee has worked for the Employer for more than 1 year; or
- the Employee is incapable of working due to sickness or an accident.
The Employer will pay for the following repatriation expenses for the Employee and his or her spouse and dependent minor children (if applicable):
- travel costs;
- subsistence during travel;
- ; and
- Subsistence in any time between employment ending and the preatriation travel commencing.
The Employee is not entitled to any repatriation benefits if the Employee is terminated for Serious Misconduct or if the Employee does not claim this benefit within 6 months of employment ending.
.
The Employer will pay allowances at the same time as the Employee’s usual base pay.
Will you review your Employee’s performance and pay sometimes?
Will you review your Employee’s performance and pay sometimes? OPTIONAL CLAUSE
The Employee’s pay may be increased based on reviews the Employer carries out [type timeframe e.g. every 6 months, annually]. The Employee’s performance and the Employer’s financial position may be considered during any review.
Any increase to the Employee’s pay is a decision for the Employer only.
Is your Employee allowed to apply for pay in advance?
Is your Employee allowed to apply for pay in advance? RECOMMENDED CLAUSE
The Employee may request pay in advance from the Employer.
Approval of the request is a decision for the Employer only. Approved advances must be recorded in writing, and include a repayment schedule signed by both the Employer and Employee at the time the advance is given.
Repayments must not be more than one third of the Employee’s regular salary or wage.
The Employer will not approve any requests for pay in advance.
Do you intend to deduct pay from the Employee if he or she wilfully or negligently loses or damages property?
Do you intend to deduct pay from the Employee if he or she wilfully or negligently loses or damages property? RECOMMENDED CLAUSE
In the event that the Employee wilfully or negligently loses or damages any material or property of the Employer, the Employee will be required to reimburse the Employer for the loss or damage, provided that:
- the deductions are first authorised by a labour officer; and
- the amount of the deduction does not exceed one third of the Employee’s regular wage.
Other deductions may only be made in accordance with section 21 of the Employment Act [Cap.160].
How many days annual leave is your Employee entitled to and when can he or she take leave?
How many days annual leave is your Employee entitled to and when can he or she take leave? MANDATORY CLAUSE
The Employee is entitled to 1.25 days of paid annual leave per month.
Once the Employee has worked for the Employer for over 6 years, he or she is entitled to 1.75 days of paid annual leave per month worked.
As the length of service increases further, leave will also increase in accordance with section 29 of the Employment Act [Cap.160].
Annual leave payments are determined by the Employee’s average salary or wage over the 12 months prior to leave being taken.
Annual leave can only be taken once the Employee has worked for the Employer for 12 months unless the Employer exceptionally agrees to allow the Employee to take annual leave earlier.
Leave will be taken at times the Employee and Employer agree together. If they cannot agree, the Employer will decide the dates and give the Employee at least 14 days’ notice.
The Employee must take annual leave when the business customarily shuts each year. The Employer will give at least 14 days’ notice of the closedown dates.
If the Employee does not have enough annual leave to cover this period, the Employee will be required to take unpaid leave or leave in advance as determined by the Employer.
The Employee is entitled to days of paid annual leave per month.
As the length of service increases, the Employer will increase the Employee’s annual leave entitlements to at least the minimum entitlements under section 29 of the Employment Act [Cap.160].
Annual leave payments are determined by the Employee’s average salary or wage over the 12 months prior to leave being taken.
Annual leave can only be taken once the Employee has worked for the Employer for unless the Employer exceptionally agrees to allow the Employee to take annual leave earlier.
Leave will be taken at times the Employee and Employer agree together. If they cannot agree, the Employer will decide the dates and give the Employee at least 14 days’ notice.
The Employee must take annual leave when the business customarily shuts each year. The Employer will give at least 14 days’ notice of the closedown dates.
If the Employee does not have enough annual leave to cover this period, the Employee will be required to take unpaid leave or leave in advance as determined by the Employer.
No paid annual leave will be provided unless the Employee works sufficient days to become 'in continuous employment' for the purposes of the Employment Act [Cap.160]. This will require the Employee to work for more than 22 days per month for the period of 1 year.
If the Employee works sufficient days to become ‘in continuous employment’ then annual leave will be given in accordance with the Employment Act [Cap. 160].
How many days sick leave is your Employee entitled to?
How many days sick leave is your Employee entitled to? MANDATORY CLAUSE
The Employee may take up to 21 paid days off a year due to illness or injury once the he or she has worked for the Employer for 3 months.
He or she must tell their manager if they are going to be on sick leave as soon as possible (before the usual start time, if possible), and provide a medical certificate on return if they have been sick for more than consecutive days.
The Employer may require the Employee to obtain a medical certificate from a medical practitioner of the Employers choice for any sick days taken, provided the Employer pays for this expense.
Sick leave does not accumulate and the Employer will not pay the Employee for unused sick leave when his or her employment ends.
No paid sick leave will be provided unless the Employee works sufficient days to become 'in continuous employment' for the purposes of the Employment Act [Cap.160]. This will require the Employee to work for more than 22 days per month for the period of 1 year.
If the Employee works sufficient days to become ‘in continuous employment’ then sick leave will be given in accordance with the Employment Act [Cap. 160].
The Employee may take unpaid sick leave at any time. The Employee must tell their manager if he or she is going to be on sick leave as soon as possible (before the usual start time, if possible).
The Employer may require the Employee to obtain a medical certificate from a medical practitioner of the Employers choice for any sick days taken, provided the Employer pays for this expense.
Maternity leave is required by law for pregnant women. Will you provide parental leave beyond the minimum legal requirements?
Maternity leave is required by law for pregnant women. Will you provide parental leave beyond the minimum legal requirements? RECOMMENDED CLAUSE
The Employee is entitled to a total period of 12 weeks maternity leave at 66% of the Employee’s average salary or wage over the 12 months prior to leave being taken.
The Employee must provide a medical certificate from a medical practitioner confirming the pregnancy stating the expected birth date.
After the Employee returns to work from maternity leave, she is entitled to one-hour paid nursing breaks, twice a day until the baby is 2 years old.
The Employee is entitled to a total period of weeks parental leave at [type percentage] of the Employee’s average wage or salary over the 12 months prior to leave being taken.
The Employee must provide a medical certificate from a medical practitioner confirming the the expected birth date or adoption date of the child.
Can you Employee take leave if he or she or their child has been affected by domestic violence, subject to your approval?
Can you Employee take leave if he or she or their child has been affected by domestic violence, subject to your approval? RECOMMENDED CLAUSE
The Employee may request to take leave if he or she personally, or his or her child, has been affected by domestic violence. Domestic violence leave can be paid, unpaid or deducted from annual leave entitlements as agreed to by the Employer and Employee.
If domestic violence leave is required, the Employee must request leave as soon as possible (before the usual start time, if possible), which may be approved at the discretion of the Employer.
Can your Employee take leave if a family member dies, subject to your approval?
Can your Employee take leave if a family member dies, subject to your approval? OPTIONAL CLAUSE
The Employee may take up to days off after the death of a close family member. Compassionate leave can be paid, unpaid or deducted from annual leave entitlements as agreed to by the Employer and Employee.
If compassionate leave is required, the Employee must request leave as soon as possible (before the usual start time, if possible) and the Employer may approve the request.
If the Employee requires more days off, he or she can take further days of unpaid compassionate leave or annual leave with prior approval from the Employer.
Can your Employee take unpaid days off for other reasons?
Can your Employee take unpaid days off for other reasons? RECOMMENDED CLAUSE
The Employee may request unpaid leave for any reason. Any requests for unpaid leave must be approved by the Employer.
Absences without advance agreement will be Unexplained Absences, and are disciplinary offences.
What happens if you no longer need your Employee?
What happens if you no longer need your Employee? RECOMMENDED CLAUSE
Redundancy is when an Employee’s role is no longer required. If after following a restructuring process or for other reasons affecting the business, the Employee is made redundant, he or she will be given notice as set out in Ending Employment.
The Employee will not receive redundancy compensation or other redundancy entitlements other than those set out in Termination Payments.
How can you or your Employee end his or her employment?
How can you or your Employee end his or her employment? MANDATORY CLAUSE
The Employer can end the Employee’s employment at any time by giving notice, in writing, or the equivalent pay in lieu of notice.
The Employee may end his or her employment with the Employer at any time by giving notice, in writing.
The Employer can terminate the Employee’s employment at any time by giving notice, in writing, or the equivalent pay in lieu of notice.
If the Employer does not terminate by giving notice before the contract end-date in Clause 3, the Employee’s employment will end on the date specified in Clause 3. The Employer will notify the Employee of the end-date before the date specified in Clause 3.
The Employee may end his or her employment with the Employer at any time by giving notice, in writing.
How can you terminate your Employee for serious misconduct?
How can you terminate your Employee for serious misconduct? RECOMMENDED CLAUSE
The Employer may terminate employment without notice if the Employee has engaged in serious misconduct. Serious misconduct includes, but is not limited to:
Before termination, the Employer will give the Employee an adequate opportunity to answer any charges, and will consider all explanations.
In the event that there is a delay between the alleged incident of misconduct occurring and the Employee being given an opportunity to answer charges the Employer is entitled to suspend the Employee on full pay.
If the Employer tries to contact the Employee 3 times at reasonable intervals by telephone message, messages with family members or visits to the Employee's house, but is unable to contact the Employee, then the Employer will be considered to have taken all reasonable steps to give the Employee adequate opportunity to explain his or her absence and may terminate the contract for serious misconduct.
In the event that misconduct has occurred which is not serious enough to warrant immediate termination the Employer may:- Suspend the Employee for up to 4 weeks without pay
- Demote the Employee to a less responsible job
How can you end employment if your Employee fails to come to work?
How can you end employment if your Employee fails to come to work? RECOMMENDED CLAUSE
If the Employee is absent for more than 2 days without contacting the Employer to explain the absence, or if the Employee fails to turn up for work without reasonable prior explanation after the Employer has expressly ordered him or her to recommence work after a period of leave then, through this action, the Employee will be deemed to have resigned without notice and the employment relationship will end.
Will your Employee have work related property that you need returned when they end employment?
Will your Employee have work related property that you need returned when they end employment? OPTIONAL CLAUSE
The Employee must immediately return any of the Employer’s property and information on or before their final day of employment.
This includes, but is not limited to, any hard and soft copy files, confidential information, IT devices, access cards, keys, vehicles and workplace equipment, eg tools. The Employee must also stop using passwords and codes for the Employer’s systems.
What do you need to pay your Employee when employment ends?
What do you need to pay your Employee when employment ends? MANDATORY CLAUSE
The Employer will pay outstanding salary or wages for work done, any entitled allowances or benefits and unused annual leave, if entitled to annual leave as set out in Annual Leave, on the Employee’s last day of work.
All outstanding deductions that the Employer is entitled to take from the Employee’s salary or wage must be reimbursed, and may be deducted from the Employee’s final payment.
Is your Employee entitled to severance pay, and how much, when the employment ends?
Is your Employee entitled to severance pay, and how much, when the employment ends? MANDATORY CLAUSE
The Employee will be entitled to severance payment when he or she is in ‘continuous employment’ and:
- The Employer ends employment by giving notice as set out in Ending Employment
- The Employee retires or is required by the Employer on or after reaching the age of 60 years
- The Employee resigns by giving notice as set out in Ending Employment after working for the Employer for 6 years
- The Employee is unable to continue to work due to illness or injury and has given the Employer a medical certificate by a registered medical practitioner, or dies
- This contract expires on the date set out in Clause 1.3
Severance payments will be calculated at the rate of 1 month’s remuneration (excluding allowances and benefits set out in Section 3) for each year or partial year that the Employee has worked with the Employer, based on the Employee’s average wage or salary over the 12 months prior to employment ending.
The Employee is not entitled to severance payment if he or she is not in ‘continuous employment’ or if the Employee’s employment is terminated for Serious Misconduct.
Do you wish to manage severance payments on a pay-as-you-go basis?
Do you wish to manage severance payments on a pay-as-you-go basis? OPTIONAL CLAUSE
The Employer may pay the Employee his or her severance payments based on the Employee’s current salary or wage as gratuity payments. When the employment ends, if the Employee is entitled to severance payments, the total amount of these gratuity payments paid throughout the Employee’s employment, may be deducted from the total severance amount payable when employment ends.
The Employer will keep records of all gratuity payments made to the Employee throughout his or her employment with the Employer.
How will you resolve any disputes between you and your Employee?
How will you resolve any disputes between you and your Employee? RECOMMENDED CLAUSE
If a problem, dispute, grievance or other issue arises between the Employer and the Employee, the first step is for the Employee and Employer to talk about the issue and try to find a possible solution.
If the problem cannot be resolved, the Employer or Employee may request a Labour Officer or lawyer to help resolve the issue.
The Employee is also entitled to join and request assistance from a trade union.
Do you have rules, policies and/or procedures in the workplace? E.g. An Employee Handbook, Health & Safety at Work procedures, etc.
Do you have rules, policies and/or procedures in the workplace? E.g. An Employee Handbook, Health & Safety at Work procedures, etc. OPTIONAL CLAUSE
The Employer has policies and procedures that relate to the Employee’s job.
The Employer will make the Employee aware of the policies and procedures, and will make sure they are available to the Employee. The Employee must be familiar with these rules and follow them at all times.
The Employer may introduce new policies or procedures, or change or cancel existing ones, but must give reasonable notice of any changes.
If the Employee does not follow the policies and procedures, the Employer may take disciplinary action.
How will you suspend your Employee if needed?
How will you suspend your Employee if needed? OPTIONAL CLAUSE
The Employer might decide to suspend the Employee on while investigating allegations against the Employee, eg for serious misconduct, or if a condition, illness or injury means the Employee poses an immediate risk to themselves and/or others.
What are your and your Employee’s duties in relation to health and safety at work?
What are your and your Employee’s duties in relation to health and safety at work? MANDATORY CLAUSE
The Employer and Employee will meet their obligations under the Health and Safety at Work Act [Cap. 195].
The Employer has a duty to ensure the health, safety and welfare of the Employee and report any workplace health and safety incidents to a Labour Officer.
The Employee has duties to
- Following all reasonable health and safety instructions, rules or procedures
- Taking reasonable care that their actions (or inactions) do not cause harm, or risk of harm, to themselves or others
- Not reporting for duty under the influence of alcohol or drugs that impair their performance or fitness for work
- Wearing all necessary personal protective equipment and clothing
Reporting any potential risks, incidents and near misses so the Employer can investigate, and eliminate or minimise harm or risk of harm.
Is your Employee a non-citizen worker?
Is your Employee a non-citizen worker? OPTIONAL CLAUSE
The Employer must ensure that the Employee has a valid work permit to work in Vanuatu and renews work permits before they expire.
The Employee must not breach any conditions of his or her work permit and ensure that he or she makes all reasonable efforts to train his or her citizen counterpart and treats work colleagues in a professional and respectable manner.
If the Employee’s work permit is cancelled for any reasons, the Employer may terminate the Employee’s employment by giving notice as set out in Ending Employment.
Is your Employee working in a position where he or she will have access to confidential business information?
Is your Employee working in a position where he or she will have access to confidential business information? OPTIONAL CLAUSE
The Employee agrees to keep confidential information private. Except as part of the proper performance of their job, the Employee will not directly or indirectly use, copy, share, or permit the use or copying of any confidential information owned by, or in the possession of, the Employer unless they get written permission.
Confidential information means all information owned by, or in the possession of, the Employer that is not in the public domain, and which the Employer reasonably regards as private. It includes, but is not limited, to:
- commercial agreements
- trade secrets
- information about financial affairs
- business methods and systems
- information and records about clients, potential clients, suppliers and employees
- business strategies, including merchandising, budgeting, market analysis, pricing, advertising, products and services
- computer software and data
- other information not known to the public.
The requirement for confidentiality applies at all times while the Employee works for the Employer, and after the employment has ended.
Is it ok for your Employee to use the internet and social media at work?
Is it ok for your Employee to use the internet and social media at work? RECOMMENDED CLAUSE
The Employee will have internet access as part of their job. Use must not be offensive, illegal or harm the Employer’s interests, and must follow any policies of the Employer.
Any business social media or email accounts, and associated followers or contacts, are the Employer’s property.
A reasonable level of personal internet use at work is acceptable if it does not affect the Employee’s ability to do their job. Excessive personal internet use at work is a disciplinary offence.
The Employee is not permitted to use the internet or social media during work hours. Use of internet or social media during work hours is a disciplinary offence.
This clause clarifies that you will not be responsible for costs and other things if someone tries to take your Employee because of his or her negligence, or because they have not followed rules or the law.
This clause clarifies that you will not be responsible for costs and other things if someone tries to take your Employee because of his or her negligence, or because they have not followed rules or the law. RECOMMENDED CLAUSE
The Employer will not cover any costs or other liabilities because of a legal action being taken against the Employee by a third party caused by the Employee’s negligence, breach of duty or unlawful act or omission.
This clause clarifies that you own the intellectual property for anything created by your Employee during work.
This clause clarifies that you own the intellectual property for anything created by your Employee during work. OPTIONAL CLAUSE
Anything the Employee invents, develops, creates or makes as part of their job or in the Employer's time is the intellectual property of the Employer. The Employer must be told about it immediately and the Employee agrees to take any necessary steps to transfer ownership.
This may include but is not limited to:
- trade marks — signs (including brand names), slogans and logos
- patents — inventions, including new products or processes, and how something is made
- designs — product appearance
- copyright — original works, including written material, drawings, film and sound recordings.
What happens if your Employee has a conflict of interest with your business interests?
What happens if your Employee has a conflict of interest with your business interests? OPTIONAL CLAUSE
The Employee agrees that they have disclosed all known potential conflicts of interest. If the Employee becomes aware of any potential conflict between their interests and the Employer’s business, or an issue with the potential to affect their work performance, they must immediately tell the Employer.
The Employer and Employee will discuss the issue and work out together whether it is a real conflict of interest.
The Employee must act on any reasonable instructions from the Employer about real conflicts of interest. If there is no other reasonable alternative, the Employee’s employment may be ended following the processes set out in Ending Employment.
What happens if you need to make changes to the contract?
What happens if you need to make changes to the contract? MANDATORY CLAUSE
The Employer and Employee can agree to change the terms of this contract at any time. Any changes must be in writing and agreed to by both Employer and Employee.
This clause ensures that anything discussed or any arrangements made before the contract, are replaced by the words in the contract.
This clause ensures that anything discussed or any arrangements made before the contract, are replaced by the words in the contract. MANDATORY CLAUSE
The terms and conditions set out in this contract are the entire employment agreement between the Employer and the Employee, and replace any previous written and verbal agreements.
What happens if any clause in this contract is not legal? This clause ensures the rest of the contract is still operational.
What happens if any clause in this contract is not legal? This clause ensures the rest of the contract is still operational. MANDATORY CLAUSE
If any clause no longer applies, eg if a court rules it invalid, the rest of the contract will remain in place. The employment contract will continue as if that clause had not existed. If a court changes a clause, their version of the clause will be used in the employment contract.
Employee acknowledgement
Employee acknowledgement MANDATORY CLAUSE
has offered this employment contract to .
Signed by:.............................................................. Date:..........................
In signing this agreement, I accept the terms and conditions of my employment as detailed within this offer and declare that:
- I have read, and fully understood the terms and conditions of this agreement, and have received a copy of it.
- I was told about my right to get independent advice on the terms and conditions of this agreement and I have been given time to take that advice.
- I have raised any issues I have about the terms and conditions of this agreement and my employer has responded to these issues.
- I have told my employer about any existing physical and/or health conditions that might be worsened by doing the job, or might affect my ability to do the job.
- I confirm there are no contractual or other legal reasons that could stop me from working for my employer.
- The information I have given is true and correct to the best of my knowledge and belief, and I have not left out anything that could affect the decision to employ me.
Signed by:.............................................................. Date:..........................