Template employment agreement - GP registrar employment Important notes on usage

Transcription

1 Template employment agreement - GP registrar employment Important notes on usage 1. The document following this page is a template employment agreement between a medical practice and a general practice registrar, specifically GPT 1 or This document is provided by Bogong GP Training as general information only. It is not legal advice and does not take into account the circumstances of any particular practice or registrar. 3. Professional advice should be obtained in relation to a practice s legal, financial and taxation obligations as an employer, as well as the particular terms of each registrar s employment. 4. Bogong GP Training does not require practices to use this agreement and intends only that practices may use it as guidance in negotiating employment terms with registrars. 5. To the maximum extent permitted by law, any person or entity using this document releases Bogong GP Training from liability arising from use of this document, including for negligence. 6. Variables are in highlighted italics. 7. Bogong GP Training cannot provide advice about completing, varying or administering this document or the contract that it creates. 8. Last revised December Employment agreement template rev 01 1 of 17 December 2014

2 Employment agreement #employee name General practice registrar #Practice legal entity ABN #practice ABN Dated: Employment agreement template rev 01 2 of 17 December 2014

3 1. Offer of employment 1.1 We offer to employ you in the position set out in Schedule 1, on the terms contained in this agreement. 1.2 This agreement becomes binding on the latter of the dates when you and we each sign this document - see clause Throughout this document: a) the words us, our, we and the practice refer to the employer specified in Schedule 1 b) the words you, your and the registrar refer to the employee specified in Schedule National terms and conditions 2.1 We intend that your employment conditions will meet the conditions set out in the General practice training program (Terms and Conditions) that are in force from time to time. 2.2 The Terms and Conditions in force at the date of this document are set out in Schedule If there is a change to the Terms and Conditions during your employment that affects any provision of this document, that change is automatically incorporated into your employment agreement without the need for any action by you or us. 3. Commencement and period of employment 3.1 The commencement date for your employment is set out in Schedule You will be employed from the commencement date until your employment is terminated in accordance with this document. 3.3 There is no probation period for your employment. 4. Place of work 4.1 Your usual workplace and other anticipated workplaces are set out in Schedule You may be required to travel to places other than the nominated workplaces (including intrastate and interstate) in the course of performing your duties. 5. Hours of work 5.1 Your normal working hours are set out in Schedule Your after hours working hours and on-call hours are set out in Schedule You must devote your time, attention and skill exclusively to the practice when you are working. Employment agreement template rev 01 3 of 17 December 2014

4 5.4 If you have any concerns about the reasonableness of the hours that you work or are asked to work, or other fatigue management issues, you are encouraged to raise this with us at any time. 6. Your duties 6.1 Your position is set out in Schedule 1 and your duties are set out in the position description contained in Schedule You warrant that you have the expertise and qualifications necessary to perform your duties. In particular, you warrant that you: a) are registered with the Medical Board of Australia, and will remain registered while you are employed by us b) are lawfully permitted to live and work in Australia. 6.3 During your employment, you must: a) perform your duties in a proper and efficient manner b) ensure that your standard of conduct is at all times in accordance with the highest ethical standards as set out in the Medical Board of Australia publication, Good medical practice: A code of conduct for doctors in Australia, March 2014, or its replacement. c) report promptly and fully to your supervisor, and any other person to whom we direct you to report, with the information that they may require from time to time d) respect the confidentiality of our patients and information about them, whether formally recorded or not e) comply with all reasonable and lawful directions that we give to you f) maintain, at your own cost, medical indemnity insurance and provide us with evidence of that cover when we ask. You authorise us to make inquiries of your medical indemnity insurer and will authorise your insurer to release to us any information that we reasonably request g) notify us of any claim against your medical indemnity insurance, or of any circumstances reasonably likely to lead to such a claim h) notify us of any correspondence with a medical board or similar organisation, or of any circumstances reasonably likely to lead to such correspondence i) at all times use your best endeavours to promote the interests of the practice and not intentionally or recklessly do anything which is, or may be, harmful to those interests j) accurately record patient billing details and other information related to Medicare and other rebates k) comply with federal and state laws relating to health records and privacy Employment agreement template rev 01 4 of 17 December 2014

5 l) immediately disclose to us any interest of yours that may conflict with our interests m) notify us, through the practice manager, of any complaint made by a patient or other person that relates to performance of your duties for the practice, or of any circumstances reasonably likely to lead to such a complaint n) notify us immediately if any circumstance arise that may affect your ability to perform your duties, including circumstances that may affect your registration with the Medical Board of Australia, your medical indemnity insurance cover or your ability to live and work in Australia o) recognise that all equipment, materials, reports, records and other items and information used in our business (whether in hard copy, electronic or other form) is our property. 6.4 During your employment, you must not: a) perform work for other parties if it conflicts with your obligations to us or negatively affects the standard of work you perform for us b) reproduce or copy in any way licensed property (including documents, publications or computer software) that we use in the practice, unless expressly approved. 7. Our responsibilities 7.1 During your employment, we must: a) provide supervision in accordance with Australian General Practice Training Guidelines or any equivalent replacement b) allow teaching time by the supervisor or supervisors in accordance with standards published by a relevant College c) give you educational release set out in Schedule 1 or otherwise required d) provide you with a summary of monthly registrar earnings e) maintain clinical and other records relating to your employment and make them available to you for any reasonable purpose. This obligation continues after your employment ends, for the period required by law. 7.2 During your employment, we will endeavour, but are not obliged, to: a) distribute the practice s workload fairly among all practitioners, including you b) provide you with a work load of up to the intended work load set out in Schedule Remuneration 8.1 Your base salary and other remuneration are set out in Schedule 1. Employment agreement template rev 01 5 of 17 December 2014

6 8.2 If your remuneration is to be reviewed, details of the review are set out in Schedule Unless a higher contribution rate is agreed, we will make superannuation contributions for your benefit into a complying superannuation fund at a rate that satisfies our statutory obligations. 8.4 You may salary sacrifice additional superannuation contributions by request. 8.5 If an industrial instrument (for example an award) or legislation conferring minimum entitlements is or becomes applicable to your employment, your remuneration and other benefits that we provide to you (including cash and the value of non-cash benefits), may be applied in satisfaction of any entitlements you may have under that industrial instrument or legislation (for example, overtime rates, leave loading, penalty rates and meal allowances), to the maximum extent permitted by law. 9. Leave entitlements 9.1 Your leave entitlements are set out in Schedule Entitlements to leave are subject to legislative rights and requirements and you are entitled to the greater of: a) the entitlements in Schedule 1 b) any legislative entitlements c) entitlements under the Terms and Conditions. 9.3 We encourage you to take annual leave each year and may require you to take accumulated leave within a reasonable period or specify the time during which it is taken. 9.4 We may require satisfactory evidence of the reason for taking paid sick or personal leave. 9.5 We may adopt policies and procedures in relation to leave entitlements, such as requirements for applications, notice and documentary evidence. 10. Expenses and allowances 10.1 We will reimburse you for: a) use of your own car to carry out your duties, at the ATO rate that applies from time to time b) other expenses that we approve in advance You must keep evidence of expenses (at least in the form of a travel diary) and provide that evidence to us if we request it Allowances to which you are entitled are set out in Schedule Allowances under this document are subject to entitlements that arise under legislation or the Terms and Conditions (see clause 2) and you are entitled to the greater of: Employment agreement template rev 01 6 of 17 December 2014

7 a) the entitlements in Schedule 1 b) any legislative entitlements c) entitlements under the Terms and Conditions. 11. Confidential Information 11.1 You must: a) keep confidential all Confidential Information b) comply with all measures we establish to safeguard Confidential Information from access or unauthorised use or disclosure c) use your best endeavours to prevent the unauthorised use or disclose of Confidential Information by any person You must not use or disclose any Confidential Information or make a copy or any other record of any Confidential Information except in the following circumstances: a) in the proper performance of your duties while employed by us b) as required by law c) with our prior written consent You agree that immediately upon a request made by us, you will deliver to us all copies of Confidential Information, and delete all electronic copies of Confidential Information that you have in your possession or under your control Your obligations under this clause continue after termination of your employment Information means all information, ideas, concepts, data, know-how and trade secrets, whether or not in a material form Confidential Information means all Information regarding us or any of our businesses, products or services, which is disclosed to you, or which is otherwise made known to you, or is generated by you in the course of your employment, (except where that Information is, or comes to be, in the public domain otherwise than through your breach of this document), and includes: a) information that would be of commercial value to any of our competitors b) financial information, performance or profitability reports, budgets, price lists, margins and marketing strategies c) information that relates to our patients or suppliers, including their contact details and requirements d) formulae, scientific and technical information developed within our practice e) information found in our manuals or policies Employment agreement template rev 01 7 of 17 December 2014

8 f) documents and other records incorporating any Confidential Information. 12. Policies & your working environment 12.1 To help the practice operate lawfully, safely and efficiently, we have policies and procedures which set out how all employees are to conduct themselves and processes which are to be followed You must comply with the policies and procedures, however they do not form part of your contract of employment Policies and procedures are available to all staff. If you are ever unable to access them, the practice manager will be able to give you access To meet the changing environment in which we operate, and in the interests of continuous improvement, it will be necessary to change the policies and procedures from time to time and you will be required to follow the changed policies and procedures For the safe and effective operation of the workplace and for everyone s welfare, you must comply with state and federal laws relating to health and safety, discrimination, sexual harassment and bullying. Conduct in contravention of these laws is unlawful, exposes us to liability for an employee s actions and accordingly may result in immediate termination of your employment If we reasonably suspect that you are unable to perform your duties because of illness or injury, whether or not you are absent from work or on paid leave, we may direct you to attend an independent medical practitioner nominated by us and at our cost, who will examine you and report to us on your condition and capacity for work You agree to attend the examination. If you fail to comply with a direction to attend a medical examination without reasonable excuse, this may result in disciplinary action, including termination of employment We will not disclose the information provided to us by the medical practitioner to any person, other than to you or to our legal and other professional advisors. 13. Termination of employment 13.1 Neither you nor we should terminate this agreement other than in exceptional circumstances and, if reasonably possible, after discussion between you and us If we do terminate your employment other than for Serious Misconduct, we may do so by giving at least two weeks notice or paying you salary in lieu of notice: 13.3 We may terminate your employment immediately if we have reasonable grounds to suspect that you have engaged in Serious Misconduct. In such circumstances payment shall be up to the time of dismissal only Serious Misconduct includes its ordinary meaning at law, as well as the following specific examples: Employment agreement template rev 01 8 of 17 December 2014

9 a) dishonesty, theft or fraud b) unlawful action under state and federal laws relating to health and safety, discrimination, sexual harassment and bullying c) misrepresentation of your qualifications or employment history d) intoxication in the workplace, whether alcohol or other drug related e) breach of confidentiality, whether patient or business information f) behaviour towards patients, staff members or others that reflects adversely on the practice g) use of the Internet for salacious or other inappropriate reasons, including access to pornographic, racist, extremist or other offensive material h) being charged with an offence that, in our reasonable opinion, affects your suitability for your position or is likely to reflect adversely on the practice i) gross neglect of duty or incompetence j) conduct that causes, or may cause, imminent and serious risk to the health or safety of a person If either you or we give notice of termination, without limiting our rights, we may do all or any of the following: a) terminate your employment immediately or at any time during the notice period, and pay you a lump sum representing the value of your salary for the remainder of the notice period b) direct you not to attend the workplace and other places at any time during the notice period c) direct you not to perform all or some of your duties during the notice period d) direct you to perform duties other than the duties you usually perform, provided that you have the necessary skills to perform the duties e) direct you not to access our computer systems f) direct you to not to have any contact with our patients, employees, agents and suppliers g) direct you to take your accrued leave h) withhold from other money payable to you any amount for sick or personal leave taken but not accrued. 14. When your employment ends 14.1 On termination of your employment, you must report to us promptly and fully with the information that we require relating to your responsibilities and the performance of your duties. This includes providing to us: Employment agreement template rev 01 9 of 17 December 2014

10 a) reports as to your progress in relation to particular patients or projects on which you have been working b) reports setting out the names and contact details of persons and entities with whom you have been dealing in relation to the practice Immediately your employment ends, you must return all property belonging to us, including any Confidential Information, documents, records, electronic storage devices, keys, business cards, credit and charge cards For an indefinite period after your employment ends, you must: a) comply with federal and state laws relating to health records of the practice and privacy of the practice s patients b) notify us, through the practice manager, of any complaint made by a patient or other person that relates to performance of your duties for the practice, or of any circumstances reasonably likely to lead to such a complaint c) notify us, through the practice manager, of any claim against your medical indemnity insurance that relates to the period while you were employed by us, or of any circumstances reasonably likely to lead to such a claim d) notify us, through the practice manager, of any correspondence with a medical board or similar organisation that relates to the period while you were employed by us, or of any circumstances reasonably likely to lead to such correspondence. 15. Protection of our goodwill & confidential information 15.1 You acknowledge that: a) during your employment you will have access to our Confidential Information, and acquire a detailed knowledge of our patients and suppliers, and have the opportunity to build relationships with them, as well as employees and others engaged in the practice b) it is reasonable and necessary for us to protect our goodwill, Confidential Information, patient and supplier connections, and workforce, by the restraints in this clause You must not, during your employment, otherwise than in the normal course of carrying out your duties: a) induce, encourage or solicit any of our employees, contractors and agents to terminate their engagement with us b) induce, encourage or solicit any of our patients or suppliers to end or restrict their trade relationship with us You must not, in any capacity, directly or indirectly, for one year after your employment with us ends: a) induce, encourage or solicit senior employees or employees who perform a particular kind of work, or employees and contractors of Employment agreement template rev of 17 December 2014

11 ours who are engaged in a particular kind of work, to terminate their engagement with us b) induce, encourage or solicit any of our patients and suppliers with whom you have had contact in the year preceding the termination of your employment, to end or restrict their trade relationship with us The validity of each separate restraint in this clause will not be affected by the invalidity of any other restraint You may seek our consent in writing to be released from any restraint and we will act reasonably when deciding whether to give consent Your obligations under this clause continue after termination of your employment. 16. Research & trials 16.1 You acknowledge that any research or trials proposed to be undertaken within the practice or using our facilities must be approved by us in advance Any proposal for research or trials should be addressed to the practice manager, and must include: a) an outline of the research or trials proposed b) research or trial methodology c) details of how patients privacy will be protected d) an analysis of ethical issues raised by the research or trials and how these issues will be managed We may request further information in relation to research or trials proposed, may give or withhold approval in our absolute discretion and may give approval subject to conditions. 17. Dispute resolution 17.1 You or we may refer any dispute relating to the terms of your employment for resolution under the process provided by the registered training provider This clause does not prevent us from terminating your employment immediate for Serious Misconduct under clause Special provisions 18.1 Any special conditions relating to your employment are set out in Schedule If a special condition in Schedule 1 is inconsistent with another clause of this document, the special condition takes precedence Any special conditions in Schedule 1 are subject to the Terms and Conditions, as set out in clause 2. Employment agreement template rev of 17 December 2014

12 19. Variations 19.1 Subject to clause 2.3 (dealing with changes to the Terms and Conditions), this document may be varied only by a written document signed by or on behalf of both parties. 20. Entire agreement 20.1 This document supersedes all previous agreements or other documents dealing with your employment This document, together with the Terms and Conditions (see clause 2) embodies the entire agreement between you and us about your employment To the extent permitted by law, any statement, representation or promise made by us in any negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference in this document. 21. Governing law & jurisdiction 21.1 This document is governed by the law of the state where our practice is located If we operate in more than one state, this document is governed by the law of the state where our principal practice is located Each party irrevocably submits to the exclusive jurisdiction of the courts of that state and courts competent to hear appeals from those courts. 22. Signatures Signed by the registrar: Signature of employee Signed for the practice: Signature of authorised representative Full name (In CAPITALS please) Full name (In CAPITALS please) Date Date Employment agreement template rev of 17 December 2014

13 Schedule 1 Employment details Employee (clause 1) # Employer (clause 1) # Position (clause 1) Commencement date (clause 3) Workplace (clause 4) Normal working hours (clause 5) After hours working hours and on-call hours (clause 5) Intended workload (clause 7) General practice registrar #date #Practice address #Other anticipated workplaces For GPT1 and GPT2: A total of 38 hours per week for full time employment, consisting of: Booked consulting time In practice teaching: #usually 3 hours per week for GPT1 and 1.5 hours per week for GPT2 Educational release Other activities, such as administration. #Insert details GPT1 and GPT2: #Four patients per hour, subject to variation in the event of emergencies, staff illness and outbreaks of illness. Remuneration (clause 8) Base salary After hours On-call Overtime Payment details See Terms and Conditions (Schedule 3). #Insert details #Insert details #Insert details Your base salary, after hours and on-call payments will generally be paid fortnightly by electronic funds transfer into an account nominated by you. However, payments for work carried out at institutions, for example, hospitals or nursing homes, will be paid after we receive payment. Employment agreement template rev of 17 December 2014

14 Leave entitlements (clause 9) Public holidays - normal working hours Public holidays - on-call hours Allowances Incentive payments Review Annual leave If you work on a day that our practice is open and that day is also a public holiday, you will receive: your usual salary one extra day of paid leave. You may request instead that you receive no extra leave, but that we pay you the greater of: 150% of your normal salary an amount equal to 55% of patient billings for that day. We may give or withhold approval in our absolute discretion and may give approval subject to conditions. If you are on-call on a day that is also a public holiday, you will receive: your usual salary your usual on-call payment. However, if your usual on-call payment is less than 55% of patient billings for that day, you will receive an amount equal to 55% of patient billings for that day. #Relocation support #Accommodation support #Accommodation subsidy We will pay to you the following proportions of incentives received by the practice: service incentive payment: #% Remuneration will be reviewed with effect from 1 July each year in accordance with any change to the Commonwealth Medical Benefits Scheme VR level B consultation item. Two weeks per six months of full time employment, accruable pro rata for part time employment. Employment agreement template rev of 17 December 2014

15 Special provisions (clause 17) Sick or personal leave Long service leave Compassionate leave Study & similar leave Special leave Parental leave Nil. One day for each 30 day period of completed employment, accruable pro rata for part time employment. On commencement, you are given an advance of six days in anticipation of a six month period of employment. Sick or personal leave is not accruable and not payable on termination. You are entitled to long service leave in accordance with applicable legislation. Two days per occasion, on compassionate grounds (for example death of immediate family member). Such leave does not accrue from year to year. Leave for study, conference or seminar attendance may only be taken by arrangement and may be paid or unpaid. Where you have utilised all other leave entitlements we may, depending on circumstances, grant special leave without pay. You are entitled to parental leave in accordance with the Fair Work Act or other applicable legislation. We invite you to discuss with your supervisor flexible return to work arrangements that take account of your needs and the needs of the practice. Employment agreement template rev of 17 December 2014

16 Schedule 2 Position description (clause 6) Position Reporting to Position description General practice registrar #Practice manager Position objectives # Skills requirements of the position # Experience and qualifications # Key responsibilities # Performance standards # Organisational relationships # Other duties # Employment agreement template rev of 17 December 2014

17 Schedule 3 General practice training program National terms and conditions for GPT1 and GPT2 (2013 Training Year) Employment agreement template rev of 17 December 2014