So, which bit is the actual contract?

So you are the preferred candidate, you have probably discussed a few items, like salary expectations, in your interview or follow up calls. Now, subject to a few follow up actions (think checking referees or background/police checks etc) you have been told the paperwork will be with you shortly. When your paperwork arrives it often has 3 sections.

1. Letter of Offer

Your letter of offer usually contains the offer of the role, and instructions to you about how to ask questions about the details in the offer and how to accept it. It may also contain details of how long the offer is open to you. That timeframe, may or may not suit you. If it doesn't then contact them and suggest a more reasonable timeframe.  If you are dealing with a ethical employer and a thorough process, you will be advised to seek advice before you accept the offer.

2. Terms & Conditions

The Terms and Conditions are likely to be the longest part of your paperwork. They start with page that outline the parties to the agreement (that's you and the employer) and will then contain a range of clauses, including termination, entitlements, confidentiality, waiver, severance and legal jurisdiction.

Here's the thing about employment contracts. Until you have see a lot of them, it really is a good investment to get some advice, because it's easy to negotiate something that is already in the contract - but it's super hard to know what is missing. It's also quite difficult to determine on your own, whether or not the clause reflects the legal minimum standard or is a more generous offer.

3. Schedule / Special Conditions

Often expressed as a Schedule to the Terms and Conditions, these details should reflect what you have agreed in your negotiation. Things like title of role, remuneration, work hours, start date etc. In some contracts the special conditions may over-ride 'standard' clauses in the Terms and Conditions section - but only if explicitly stated.

In the example I have used above, and this should be confirmed in the Terms and Conditions section, the actual contract is the Terms and Conditions and the Schedule / Special Conditions sections together. The key here is to read the contract and find the clause that describes what your contract documents are. If there is no clause that clears this up with you - then the document should be amended to make that super clear.

Of course this would be one of many issues that you might identify in your contract review. If you find that your documents are not clear about what constitutes the actual contract, don't fret - it is likely to be a drafting issue that has been missed. You picking it up will be seen as evidence that you are thorough in your work.

Disclaimer: This is the bit my lawyer insists that I tell you, just so you are super clear that I am not a lawyer or a financial advisor. Advice given here by me should not be relied upon in its entirety or replace legal or financial advice. This advice are my personal notes informed by my own executive experience and you take this advice at your own risk. I always recommend that you NEVER sign a document you DON'T understand. Consult a good lawyer and ask questions and get them to explain issues to you until you feel comfortable that you understand the implications of the document you've been asked to sign. Of course if you don't like some of the clauses, negotiate them!