Employment agreements are an important cornerstone of any organization or institution, regardless of its size, type of economic entity, or field of occupation. Employment agreements are essentially the contract that anchors the engagement between the employee and the employer, hence their great importance. In the following article, we will explain how employment agreements should be drafted.
Drafting employment agreements – why is it important?
First, it's important to note that drafting employment agreements is relevant to any entity that employs workers. Whether it's a large company or a small independent business working with freelancers: employment agreements or agreements with freelancers regulate the terms of engagement with them and define important understandings between the two parties.
This is a contract, meaning a legally binding document, and therefore its wording is critically important. A good employment agreement should leave no room for personal interpretation. All relevant clauses must be clear and present in the contract, including various salary terms, scope of employment, working hours, termination clauses, clauses related to confidentiality, reputation, and so on.
Personalized employment agreement
In the State of Israel, there is no law that mandates signing a personal contract between an employee and an employer, other than the "Notification to Employee Law," which obligates the employer to provide the employee with notification of employment terms. If a personal employment agreement is not signed, the general labor laws of the State of Israel apply. In most cases, it is recommended to draft a customized employment agreement that is relevant to the workplace and the nature of employment. This type of agreement does not detract from the employee's rights, but rather adds to and expands upon the overall agreements.
For example, an employment agreement may include salary components or additional payments beyond those required by labor laws, such as vehicle and communication expenses, or payments for overtime hours, or those defined as bonuses.
Another relevant and important section concerns advance notice of resignation. A customized and personal employment agreement can stipulate a different period than that specified in the law regarding the timing of notice of departure.
Additionally, specific workplace clauses can be included in the employment agreement, such as maintaining confidentiality and certain confidentiality terms. As can be seen, an employment agreement is a document with many configurations, and therefore it is advisable to invest in a personalized and relevant draft, rather than going with the general standard format.
Employment Agreements – Only with an Employment Law Specialist
It is highly advisable not to enter into the matter of drafting employment agreements without the appropriate legal knowledge. Therefore, it is recommended to enlist the help of an employment lawyer to determine the correct employment terms and draft the contract in the best possible way.
An important aspect of drafting employment agreements is ensuring that only legal provisions are included. An employer may propose illegal provisions, such as high fines for employees in case of breach of contract. It is the lawyer's duty to ensure the agreement's legality and legal validity.
In addition, the presence of an employment lawyer is important because they can understand whether all the important clauses are included and whether the agreement truly reflects the nature of the employment properly and without significant "loopholes." Seeking the help of a lawyer is perhaps even more significant when it comes to an employment contract for an employee with "special conditions," for example, a freelancer or an employee whose native language is foreign and who needs a contract in their language.
Our firm, Ivri, Kerner & Co., specializes in many legal fields, including employment law. Therefore, if you wish to draft employment agreements, we invite you Contact us For an initial consultation meeting.