Frequently Asked Employment Questions

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Topic: Contracts

Does an employee have to sign a contract for it to be enforceable?

No, they don't. But to avoid any doubt or misunderstanding, it should be signed without undue delay. Any reluctance on the employee's part should be discussed and resolved sooner rather than later. It's possible there could be a misunderstanding. The longer the employee works for you without objecting to any of the contractual terms, or without refusing to perform any of them, the easier it will be for you to argue that they've been impliedly accepted by their conduct, at least in relation to those terms that have a day-to-day operative effect. The principle of deemed acceptance won't, however, apply to some other contractual terms, such as those that have no immediate practical impact on the employee or those that only have effect on termination of employment e.g. restrictive covenants and notice period clause.