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Employment Contracts for Medical Practice Staff: Essential Inclusions

A well-drafted employment contract protects both the employer and employee. Learn what should be included in contracts for medical practice staff.

Lukasz Wyszynski

Principal Solicitor

25 October 2024
7 min read

Why Employment Contracts Matter

While written employment contracts aren't legally required in Australia, they're essential for medical practices. A good contract:

  • Clarifies expectations on both sides
  • Protects confidential patient information
  • Prevents disputes about entitlements
  • Enables enforcement of post-employment restrictions

Essential Contract Elements

1. Position and Duties

Clearly define:

  • Job title and reporting structure
  • Key responsibilities and duties
  • Hours of work and flexibility requirements
  • Location(s) of work

2. Remuneration and Benefits

Specify:

  • Base salary or hourly rate
  • Superannuation contributions
  • Bonuses or incentives (if applicable)
  • Allowances (uniform, parking, etc.)
  • Salary review provisions

3. Leave Entitlements

Cover all leave types:

  • Annual leave (minimum 4 weeks)
  • Personal/carer's leave
  • Parental leave
  • Long service leave
  • Any additional leave provided

4. Confidentiality

Critical for medical practices:

  • Define confidential information broadly
  • Include patient information specifically
  • Specify obligations during and after employment
  • Address social media and communications

5. Restraint of Trade

Consider including:

  • Non-compete provisions
  • Non-solicitation of patients
  • Non-solicitation of staff
  • Reasonable geographic and time limits

Award Compliance

Most medical practice staff are covered by:

  • Health Professionals and Support Services Award
  • Nurses Award

Ensure contracts meet or exceed minimum award entitlements.

Common Mistakes to Avoid

  1. Using generic templates: Medical practices have specific requirements
  2. Ignoring awards: Contracts can't reduce award entitlements
  3. Unreasonable restraints: Courts won't enforce excessive restrictions
  4. Missing probation provisions: Include clear probation terms
  5. Unclear termination: Specify notice periods and grounds

Our Service

We prepare customised employment contracts for medical practices that:

  • Comply with relevant awards
  • Protect patient confidentiality
  • Include appropriate restraints
  • Reflect your practice's specific needs

Contact us for a contract package tailored to your practice.

Tags:employmentcontractsstaffhr

Lukasz Wyszynski

Principal Solicitor

Expert in healthcare law with over a decade of experience helping medical practitioners navigate complex legal issues.

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