Contract Copy Request
The client signed a temporary employment contract in 2023 but is currently unable to access a copy despite multiple requests. Initially, the employer agreed to provide the contract but has since withheld it, claiming that copies had already been issued. The client is not aware of all the terms within the contract and has raised concerns about possible evasive behavior by the employer. Although no formal dispute has arisen, the client is unfamiliar with applicable legislation regarding this matter in their jurisdiction.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal rights if my employer refuses to provide copies of my signed employment contracts?
In Victoria, while there may not be specific legislation mandating employers to re-issue employee contracts, the Fair Work Act 2009 requires employers to maintain accurate employment records. It is generally considered good practice for employers to provide employees with access to their signed contracts, especially if requested. If your employer continues to refuse, you may consider lodging a complaint with the Fair Work Ombudsman or seeking advice from the Victorian Equal Opportunity and Human Rights Commission if there is suspicion of evasive behavior.
What steps can I take to formally request copies of my employment contracts from my employer?
To formally request copies of your employment contracts, you may consider the following steps: 1. Written Request: Continue using written communication, clearly stating your request for copies for personal records. 2. Reference Previous Communication: Mention prior agreements from the employer regarding document provision. 3. Documentation: Maintain records of all communications about your request, including dates and responses. 4. Escalate: If unresponsive, escalate your request to HR or management. 5. Seek Advice: Consider consulting with a union representative or employment lawyer for further assistance.
In case my employer continues to refuse, what recourse do I have through Fair Work Australia or other legal bodies?
If your employer continues to deny access to your signed employment contracts, you can lodge a complaint with the Fair Work Ombudsman to investigate potential breaches of workplace laws, as employers are required to maintain accurate employee records. Additionally, exploring potential claims under contract law with a legal professional may clarify any employment rights or obligations that are unclear without the contract.
