There is a common misconception that if an employee does not sign a contract it does not apply to them. This is not always the case.
An implied acceptance can still act as a contractual agreement between the employer and employee where the parties continue to act as if the contract applied. For example, if an employee commences work for an employer without signing the contract provided to them, the parties conduct implies acceptance of the terms of the offer and the employment contract.
While a contract signed by both the employer and the employee is always preferable, where an unsigned contract exists, determining its validity will depend on the facts and circumstances surrounding it.
If you would like to know more or require assistance in employment matters, please call Signature Law on 02 4861 2345.
Please note this blog is general in nature and for information purposes only and should not be relied on for legal advice. Should you require advice regarding the information in this email please contact us so we may provide advice specific to your needs and circumstances.
