What to know about employee contracts after you buy a business
If you are thinking about buying a business with existing employees, here are some useful tips to help you.
First, you should check the employee contracts.
Before you buy a business, you can check the key terms of any written employee contracts.
So what should you check for in a contract ?
Here are some ideas of what you should be checking for:
Importantly, national employment standards will still apply, even if an award does not.
What if you discover there's an underpayment ?
First, you should make sure that the current business owner corrects any underpayments before you buy.
Also, you'll want to reduce the risk of being liable for underpayments.
So, for your protection, it's a good idea to have a clause in your sale of business contract like this one:
The Vendor will be responsible for all pre and post completion date claims, suits, demands, actions or proceedings arising out of or in connection with the employees that were ever employed by the vendor or the cessation of their employment.
Next, you can negotiate a business sale to either include or exclude current employee entitlements.
If you will not be responsible for existing employee entitlements, the current business owner will pay what's due up until the settlement date.
And in this case, you should write to the employees and explain a new employment contract applies and also that the period of service with the old employer will not count.
So what happens if you don't do this ?
If you don’t write to an employee, then that employee can claim their employment period is continuous.
If you reach an agreement with the seller that you will assume employee entitlements, then the seller will not pay these.
Also, employee entitlements will continue to accrue and as the new owner, your business will be responsible for them.
This means, you will be responsible for accrued entitlements like long service leave, annual leave and sick leave.
As the new business owner, employment contracts will be important for you to outline employee rights and responsibilities.
Because you may have different expectations of employees compared to the current owner, it's fair to the workers to set these out in an employment contract.
Here's what you can include in the employment contract:
This last tip is a bonus.
Workers compensation insurance is important to protect your business.
So you should make sure you are insured right from the start
Also, if you are entering or taking over a lease, most landlords will require you to have workers compensation.
Here's a summary of the key points above:
Do you need help from an Australian business lawyer for startups? Contact us today for help on email@example.com or 1300 478 278 Australia wide or on +61 2 9151 7233 from overseas. We are always glad to help.
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