Employment contracts for marketing agencies
Is your current contract suitable for your marketing agency?
A generic contract template may not be suitable for a marketing agency. There are specific issues that are particularly relevant to marketing companies, including ownership of intellectual property, poaching of staff (by ex-staff), conflict of interest and non-compete restrictions.
The employment contract should accurately reflect the mutual expectations of the employer and employee, to ensure that there are no potential misunderstandings or disputes in the future.
The contract should always be compliant with the Fair Work Act in Australia.
Have you covered the following issues?
Confidentiality
Ensure that the employment contract sets clear guidelines about the staff member's confidentiality obligations to reduce any risk of future disagreements.
IP ownership
As a marketing agency, your staff may be creating intellectual property as part of their employment. You should ensure that there are no disagreements about who the rightful owner of the IP is.
Non-compete
The nature of a marketing agency is that staff do turn over. Whilst sometimes difficult to enforce, make sure that the employment contract contains a strong non-compete clause to restrict competitive behaviour by relevant ex-employees.
Non-solicitation
Protect your agency by preventing ex-employees from poaching your existing staff or enticing them to leave. This is an important industry issue that you should be on top of.
Tailored
Draft an employment contract that is customised to your employee even if they are on an Award. We will suggest relevant clauses but you are free to customise further.
See how it worksCompliant
Ensure the employment contract complies with Australian work place regulations. This includes the NES, the Fair Work Act as well as any applicable Awards.
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Complete the online wizard in less than 15 minutes and then instantly draft a compliant employment contract. Send for digital signatures or download and print.
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