Employment law commentary  (the employment relationship)

Employment law commentary (the employment relationship)

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Introductory note

  •  The employee
  • Identity of the employee

Although it may seem obvious, it is important that the contract of employment clearly states the name of the actual employer and the name of the actual employee.

In particular, where there are a group of companies, the identity of the actual employer within that group may often become blurred. This may have unintended consequences for the purposes of income tax, pay roll tax, superannuation charges, and if the employee is terminated.

  • Background checks

The employer may also require background checks to be performed on the employee before employment. For clauses which can incorporate such requirements into the employment agreement, see:

  • “Pre employment background check (optional clause)”; and
  • “Pre employment medical check (optional clause)”.

This commentary has been authored for Lexis Nexis by Elise Margow. The first issue of this title was prepared by Francis Marks, LLM (Syd ). Subsequent issues of the title were updated by Joe Catanzariti BA, LLB, Partner, Clayton Utz and Yaseen Shariff BEc (Social Science), LLB (Hons), Barrister-at-Law and Michael Byrnes B Bus, LLB (Hons) (with the assistance of Sadaat Cheema and Nicole Landerer).

This commentary is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.