QLD Locked in Employment Contract - Am I Free to Resign?

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chagaslucas

Member
11 August 2017
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Hi there!

I am now a Permanent Resident of Australia (186 Visa), with no restrictions on my visa.

When we were applying for the visa, I needed a contract (and I didn't have one), so we made one as per the requirements of the immigration.

My boss requested to add this clause:

"This contract stipulates that you will be engaged with the company for a minimum of two years", but there is no penalty otherwise, such as paying the cost of all the courses back, or something like that.

My question is, is this a valid clause under employment law? I don't believe so because he can't 'force' me to work for him.

If I get a better job offer, I'm free to resign, right?

I have already checked with my migration agent and he said: "Visa wise, you are free to do whatever you want to do."

Cheers,
 

Rod

Lawyer
LawTap Verified
27 May 2014
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He can't force you to work for him, just serve out a notice period, generally 4 weeks, but can be longer in highly specialised jobs.

re: Paying for courses is trickier. He may well claim a separate agreement exists for training he paid for and he may be able to recover the cost from you.