An employment contract is an agreement between an employer and an employee; which sets out their employment rights, responsibilities and duties. These are referred to as the ‘terms’ of the contract. An employment contract can be made as soon as you accept the job offer, therefore meaning you accepted the terms offered by the employer. Having a written contract could cut out later disputes and help you understand your employment rights. The contract binds you and your employer until it ends; by giving notice or until the terms are changed in agreement between you and your employer.

There is a term referred to as ‘flexibility cause’, where your employer reserves the right to change the terms and certain conditions. However your employer’s changes won’t be unreasonable, as many contracts have an implied term of mutual trust and confidence, requiring them to act honourably. There may be times when either you or your employer wants to change some terms of the contract; this can’t be done without each other’s agreement. If you wish to make a change to one of the terms, speak with your employer and explain why. If they want to change something, they should consult you, explain their reasoning why, and be open to alternative ideas you may put forth.

If you or your employer has broken one of the terms set out in the contract, this is referred to as ‘breach of contract.’ If you believe your employer has broken one or more of the terms, check your contract to be sure. If there has been a breach of contract, talk with your employer directly and try to resolve the issue, before making any further decisions. If you do decide to take legal action, you can do this through an employment tribunal or through a civil court. However it is cheaper and quicker to go through an employment tribunal, but going through a civil court may get you more compensation. One thing to keep in mind is that your employer may be prompted to take out a counter claim against you if they feel they have one. If you are the one that breached the contract, your employer should come to you directly to try and resolve the issue. If there is a suffered financial loss for your employer because of you, they may make a complaint for damages against you.

Physician employment contracts are increasingly becoming the norm in recruiting physicians throughout the country. This employment contract for physicians is not only an easy way for the parties involved to be clear about their liabilities, duties, and responsibilities as well as their expectations from each other; but it also serves as documentation in the court of law should any of the parties choose to litigate against the other. In any practice there can be ups and downs but the physicians involved can play it safer by signing secure employment agreements.

Although physicians learn about the technical side of their profession in their curriculum yet they have no knowledge of the nitty gritty of the legal side of their profession. So, while signing the contract it is imperative that they either hire a legal professional or check through the document themselves and ask people who are working in the same profession and also, if possible, their would-be colleagues what they feel about the organization they work in. Often such a measure could throw up interesting and surprising insights.

Although there might be a thousand points to take note of in such a contract yet it is necessary to check out at least a few of the most important. These points are not only going to affect your current employment but your entire career. Professional satisfaction can only be achieved if you can fulfill the objectives you set for yourself at the beginning of your career. Young physicians often make the mistake of waiting until the contract is drawn up to ask questions they should have asked in the interview itself. But some of the doubts are better clarified in the early stages.