Quick Answer: Can An Employer Force You To Sign A New Contract Australia?

Can I be forced to change my working hours?

If your contract limits your working hours/days (for example from 9am to 5pm), your employer can request that you change these hours, but cannot force you to do so.

As explained above however, if your contract states that you can work these times, your employer may rota you to do so and require you to work these times..

Can employees be dismissed for refusing to accept new terms and conditions of employment?

You may decide you wish to terminate their employment under the “old” terms and offer re-engagement on “new” terms which will constitute a dismissal. If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR).

Can I refuse a change to my contract?

If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may: have the right to refuse to work under the new conditions. say that they’re working any new terms under protest, and are treating the change as a breach of contract.

Is an unsigned employment contract legally binding?

A contract of employment does not need to be signed for it to be a binding agreement between the parties as acceptance of its terms can be either verbal or implied through conduct. That is if an employee works in accordance with the terms of the contract without protest you can presume that they are accepted.

Can an employer force you to sign a new contract?

In conclusion, your employer is prohibited under law from forcing you to sign a new employment contract. They also cannot use unfair tactics to force you into entering the agreement. Be aware that changes to the fundamental terms of your agreement forms a new contract.

Can an employer change your contract without your consent Australia?

That is, one party cannot legally change the contract without the consent of the other party. Just because an employer wants to change the contract does not mean you have to accept the change. You are entitled to say “no” to a proposed change.

What if an employee refuses to sign a new contract?

It is up to you as an employer to decide whether a trial period would be reasonable and/or whether it is something you can agree to. If the employee does refuse to accept the changes to their contract and carries on working for you, but you make the changes anyway, this is known as working ‘under protest’.

Can my employer change the terms of my contract?

Usually, the employer and employee both need to agree to any contract changes. But an employee can insist on a change if they have a legal right to it.

Can an employer change your job description without your consent?

Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.

Can my employer change my working hours Australia?

An employer may be able to change an employee’s full-time employment to part-time or casual employment without agreement from the employee. Important factors to consider are: Does the employment contract, registered agreement or award let the employer change the employee’s work hours without the employee agreeing?

Can I be fired for looking for another job Australia?

The simple answer to the first question is no. You are entitled to look for a new position and you cannot generally be disciplined for doing so. It is certainly not a reason to dismiss you.

Can you be fired for refusing to sign a new contract?

If you don’t agree with changes to your employment conditions. If you don’t agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms – effectively sacking you and taking you back on.