| Employment
Agreements
We recommend that Sponsors include in an employment
agreement that the employment is conditional upon the potential
employee and all accompanying family members obtaining health
insurance.
Unless a Sponsor uses a suitably worded employment
agreement to clearly delineate their medical and hospital
liability, they are effectively self-insuring any unpaid accounts.
Employment agreements for subclass 457 visa
holders should contain particular provisions relating to the
status of a sponsored employee. For example, provisions relating
to health insurance can include:
1.
a requirement for the employee and accompanying family members
to apply for a health insurance policy with an approved
fund;
2. an agreement the employee and accompanying family members
will maintain a valid health insurance policy for the duration
of their sponsored employment;
3. an agreement the employee will be personally liable for
all expenses for costs associated with elective surgery,
medical check ups, dental visits and medicines.
As you will be aware, legislation relating
to the workplace can be complicated. Accordingly, it is advisable
to obtain expert legal advice when drafting a suitable employment
agreement for a subclass 457 visa holder, to be presented
to DIMIA, and to protect against future legal risks.
Katie Malyon & Associates, Lawyers
are specialists in workplace and migration law. Please contact:
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