You’ve just landed a new job or gig, and things look promising—until the contract hits your inbox. You start reading and something doesn’t sit right. Maybe the notice period is too long, the pay conditions are vague, or the company has all the power while your responsibilities are stacked high. If a contract feels unfair or heavily skewed in favour of the employer, it’s not something to ignore. Before you sign anything, it’s worth speaking with Employment lawyers Melbourne to understand your rights and negotiate better terms if needed.
First Impressions Matter—So Trust Them
When a contract feels off, it probably is. Don’t assume it’s standard or “just how things work in the industry.” Employers sometimes use template agreements that haven’t been updated or that don’t reflect fair, modern standards. If it feels too restrictive or unclear, it’s worth asking questions.
Common red flags include:
- Vague job descriptions
- Clauses allowing the employer to change your duties or location at will
- No clarity on leave, sick pay, or overtime
- Non-compete or restraint clauses that limit your future employment
- One-sided termination clauses that give the employer all the power
Understand What You’re Signing
Employment contracts can be full of legal jargon, but understanding the key parts is essential. Focus on:
Pay and Entitlements
- Is your salary, hourly rate, or commission structure clearly outlined?
- Are superannuation, bonuses, and expense reimbursements explained?
- Is overtime covered? If not, should it be?
Leave and Breaks
- How much annual leave do you get? Is it in line with the law?
- Are sick leave and public holiday entitlements included?
- Are unpaid leave or parental leave policies mentioned?
Termination and Probation
- How long is the probation period?
- How much notice do you or your employer need to give to end the contract?
- Are there penalties if you leave early?
Extra Clauses
- Are you prevented from working with competitors for a period after leaving?
- Can they change your job, hours, or location without agreement?
- Are there confidentiality or intellectual property clauses?
How to Raise Concerns Without Burning Bridges
You don’t need to sound defensive or confrontational. Most employers will respect someone who reads their contract properly and wants to understand it before signing.
Here’s how to bring up concerns:
- Thank them for the offer and say you’re reviewing the agreement.
- Ask for clarification on any parts that seem unclear or concerning.
- Suggest a few edits or ask if certain clauses can be revised or removed.
- Emphasise that you’re keen on the role but just want to make sure both sides are protected.
Example:
“I really appreciate the opportunity and I’m excited about the role. I just had a few questions about the contract—particularly around the non-compete clause and the termination notice. Would you be open to discussing those?”
When to Get a Legal Opinion
Sometimes it’s worth paying a professional to look over the contract. This can be especially helpful if:
- You’re being offered a senior role with complex terms
- The contract is unusually long or full of legal language
- You’re a freelancer or contractor being asked to waive key rights
- You’ve already had issues in past roles and want to protect yourself properly
A good employment lawyer can flag issues you might miss, explain what’s reasonable, and even help you draft suggested changes.
What If They Won’t Negotiate?
If an employer won’t budge on anything—even when the terms are clearly lopsided—you have to ask why. That may be a sign of how they operate day-to-day.
You always have a choice. You can:
- Push for small but meaningful changes (like clarifying overtime or reducing an unfair notice period)
- Accept the contract but be mindful and document everything moving forward
- Decline the offer if the terms don’t match your needs or values
Not every opportunity is worth it if the starting point already feels unbalanced.
A Contract Is a Two-Way Street
Remember, a contract isn’t just about protecting the employer—it should protect you too. Don’t rush into signing something that doesn’t feel right. Taking a bit of time to review and question things now can save you major stress later.
Standing up for fair terms isn’t a sign of being difficult—it’s a sign that you respect your time, skills, and future. And the right employer will respect you for it.
