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A casual employee is one who works on an irregular basis and may or may not be offered work which the employee has the option to refuse.
A written casual employment contract is important for both the employer and employee as it outlines the terms and conditions of the employment relationship.
Having a casual employment contract can provide clarity and protection for both parties, and can help to ensure compliance with legal requirements.
Our lawyers can provide you with legal expertise and ensure that the contract is drafted in compliance with applicable employment laws and regulations. They can also advise you on any potential legal risks associated with the contract.
We’ll also tailor the contract to suit your specific needs and the requirements of your business, as well as protecting your rights by ensuring that the contract includes provisions that safeguard your interests. Lawyers can help identify potential issues that could arise in the future and draft provisions that address those concerns.
Finally, our lawyers can assist with negotiations between you and your employee, ensuring that you comply with your legal requirements and obligations as an employer.
In the event of a dispute or disagreement, our lawyers can help to resolve the issue and provide guidance on how to navigate any legal proceedings.
Casual employment is characterized by irregular, intermittent work arrangements, with no minimum number of guaranteed hours and no expectation of ongoing work.
Casual employees do not receive the same entitlements as full-time or part-time employees, such as paid sick leave or paid annual leave. Instead, they receive a casual loading of 25% on their pay rate to compensate for the lack of entitlements.
After 12 months of continuous employment, a casual employee may be considered a long-term casual, but they do not necessarily have any additional entitlements beyond those of other casual employees.
An employer must offer permanent employment to a casual employee that has worked continuously with the company for 12 months and has worked a regular pattern of hours in the 6 months prior to this period. Note that casual employees in this situation are referred to long term casual employees. Certain exceptions apply.
Review the employment contract to see if it includes any provisions related to conversion to permanent employment, such as eligibility criteria or notice requirements. If the contract does not include provisions for conversion, initiate a conversation with your employee about the possibility of converting to permanent employment. This can be done verbally or in writing, but always best confirmed in writing. Obtain advice from a lawyer about your employee’s eligibility for permanent employment, including factors such as your length of service, work performance, and job availability. Then, consider hiring a lawyer to negotiate the terms of the new employment agreement, including salary, benefits, and other entitlements. Finally, Once the terms have been agreed upon, sign a new employment agreement reflecting the terms of the permanent employment.
Find out more about our employment contract services here.
“Progressive Legal have provided me with excellent employment law contracts to date. The team has a good depth of lawyers with different strengths and specialisations. Their approach is transparent, which is a big reason I use them.”
Jon Ogden, Director at Youth Lab
If you need a Casual Employment Contract now, please get in touch with us today via phone or the contact form on this page.