How to Write an Employment Contract (With Template)

An employment contract, also known as an employment agreement, is a necessary document for businesses in a variety of industries. They help employees understand the standards they’re expected to meet while working at the company and help employers reduce employment liability risks.
 

There are a few things you should know about employment contracts before drafting one for your business. Below, we cover what an employment contract is, why they’re important and how to write one — with an employment agreement template you can use as a guide.
 

Quick Navigation:

 
Editor’s Summary:

  • An employment contract is a signed agreement between an employee and an employer or labor union that covers the terms and conditions of employment.
  • Employment contracts may include duration of employment, general job responsibilities, salary, work schedule, benefits and more.
  • Employment contracts are not typically used for the average worker in the US because employment is generally at-will.
  • Consult with an employment lawyer to determine if you need an employment contract and how to write one.
Post a Job

What is an employment contract?

An employment contract is an agreement signed by the employee and employer (or labor union) regarding the rights, responsibilities and obligations of both parties during the period of employment. An employment contract typically includes the following elements:
 

  • Duration of employment, if applicable
  • Salary or wages
  • General job responsibilities
  • Work schedule
  • Benefits
  • Confidentiality
  • Non-compete agreement
  • Severance pay, if applicable
  • Termination details

Employment contracts are typically signed by both parties after the job offer has been accepted and before the employee’s first day of work (or within the first few weeks on the job).

 

Which employees should sign an employment contract?

All employees should generally sign an employment agreement. However, terms and conditions in your agreement could differ based on the type of employee you’re hiring. Here’s a breakdown of the most common types of employees:
 

Full-time: Employees who meet the requirements for full-time hours (usually 40 hours per week) and are employed on a permanent basis with no predetermined end date.
 

Part-time: Employees who work fewer than 40 hours per week (typically 25-35 hours per week) and are employed on a permanent basis with no predetermined end date.
 

Fixed-term: Employees who are employed for a specific period of time with an agreed-upon end date. These employees are different from independent contractors, because they are treated as employees throughout the duration of employment.
 

Benefits of employment contracts

Creating an employment contract for each new hire has advantages for you and your employees. Here are a few of the key advantages of employment agreements:
 

  • Employment contracts are legally binding documents that employers and employees agree to. This reduces the chances that one party will take legal action later on.
  • Your employment contract lets employees know exactly what is expected of them and what actions will be taken if they don’t comply.
  • The paid time off (PTO) portion of an employment contract helps to limit your employees’ overtime pay and holiday pay, which puts you in control and helps your employees understand how many holiday hours and overtime pay they are given upfront. This can help your business save time and money.
  • If your business deals with confidential information, you may choose to add a confidentiality clause that prohibits your employees from disclosing sensitive information.

How to write an employment contract

Here are some steps you may use to guide you when you write an employment contract:

 

1. Title the employment contract

Give your employment contract a title so the person who reviews or signs the document understands what it is. For example, you could name the document “Employment Agreement” or “[Your Company Name] Employment Contract.”

 

2. Identify the parties

Employment agreements usually state which parties are entering into the contract. Consider clearly writing out your business name and the name of the person you’re hiring.

 

Example: ‘This employment agreement is between Atlas Corp. (‘the Employer’) and Samuel Johnson (‘the Employee’).’
 

3. List the term and conditions

Some of the minimum terms and conditions for employment contracts are set by federal and state governments. These terms and conditions involve things such as working hours and severance packages. Terms and conditions vary by jurisdiction so it’s important to check your state and local laws regarding employment.

 

Other terms and conditions beyond labor laws are up to you to decide. These things often include benefits, sick pay, dress code and other terms.

 

4. Outline the job responsibilities

Present a new hire with an outline of their job responsibilities to ensure they know what’s expected of them. If you want to present a more comprehensive outline of responsibilities, you could assign percentages to each responsibility. For example, let’s say your employment agreement is between you and a customer service representative. Responsibility percentages could look something like this:
 

  • 70% responding to guest requests, complaints and concerns
  • 20% collaborating with managers to improve customer experience
  • 10% tidying up the sales floor 

5. Include compensation details

Make sure you clearly state compensation details in your employment contract. This way, there’s no confusion regarding the new hire’s first or second paycheck. Here are the things you should consider including in the compensation portion of the contract:
 

  • How the employee will be compensated
  • How overtime is calculated
  • Which holidays are paid and unpaid
  • How the employee will be paid (e.g., direct deposit)
  • If there are annual bonuses

6. Use specific contract terms

Employment contracts generally have specific contract terms such as effective date, type of employment, notice, termination, dispute process, applicable law and severability.

 

7. Consult with an employment lawyer

After you’ve completed the first draft of your employment contract, have an attorney or legal professional view the contract to make sure it’s in accordance with all applicable laws. This may help protect your business from future litigation regarding employment contracts.
 

Related: Crafting an Effective Executive Employment Agreement

 

Employment contract template

Here’s an employment contract sample you may use to write your own employment contracts:

 

This employment contract, dated on [date] in the year [year], is entered into by [Company Name] and [Employee Name] of [City, State]. This document constitutes an employment agreement between these parties and is governed by the laws of [state or district].

 

IN CONSIDERATION of this employment contract, the parties agree to the following terms and conditions:

 

1. Employment

The employee agrees to carry out the responsibilities and duties set out by this contract and their job description. The employee also agrees to comply with all company policies and procedures.

 

2. Position

It is the duty of [position] to perform all essential job functions and duties. [Company Name] may add other duties as needed within the scope of the employee’s position.

 

3. Compensation

The employee will be paid [dollar amount] [per hour/per year] before applicable taxes.

 

4. Benefits

The employer offers the following benefits [list benefits, if any]. Access to these benefits occurs [immediately/after the probationary period].

 

5. Paid time off

[Employee name] is offered the following vacation time after the probationary period, [length of vacation time], [length of sick time], [bereavement time].

 

6. Termination

This working relationship may be terminated by either party for any reason with proper written notice.

Post a Job

Frequently asked questions about employment contracts

Do employment contracts renew each year?

Employment contracts are valid for as long as an individual is employed with your company. There is typically no need to re-write employment contracts each year under most circumstances. If an employee is promoted, you may consider updating their job description and request they sign the updated form. 

What happens if an employee refuses to sign an employment contract?

If an employee refuses to sign an employment contract, then they are forfeiting the position and choosing not to work for your company. In some circumstances, you could renegotiate certain parts of the employment agreement so that both parties are happy and the contract gets signed.

What is the difference between a job offer letter and an employment contract?

Job offer letters are an unofficial way of presenting candidates with the basic terms of employment — without any legal obligations. An employment contract, on the other hand, is an official, legally binding document that includes more detailed terms and conditions of employment that must be agreed to by both the employee and the employer.

What is an implied employment contract?

Unlike a written employment contract, an implied employment contract involves verbal comments made during a job interview or promotion, or anything that’s written in an employee handbook or job offer letter. For example, if you tell a job candidate during their interview that they will receive a pay raise each year when they’re hired, this could be considered an implied contract.
 

Implied employment contracts are typically only legally binding when there’s an absence of a written employment agreement.

Ready to get started?

Post a Job

*Indeed provides this information as a courtesy to users of this site. Please note that we are not your recruiting or legal advisor, we are not responsible for the content of your job descriptions, and none of the information provided herein guarantees performance.

Last updated: Nov 30, 2020