39Contract of employment of senior executives

#### 39 Contract of employment of senior executives 39 Contract of employment of senior executives > > (1) A Public Service senior executive is to be employed under a written contract of employment signed by the executive and by the employer on behalf of the Government. > > > (2) The government sector employment rules may deal with contracts of employment of Public Service senior executives and their contents. > > > (3) The government sector employment rules may prescribe model contracts of employment and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions. > > > (4) Subject to this Act, the government sector employment rules and any direction issued by the Commissioner under this Act, a contract of employment of a Public Service senior executive is to deal with the following matters— > > > > > (a) the band in which the executive is employed, > > > > > (b) (Repealed) > > > > > (c) the duration of the contract if the executive is not employed in ongoing employment, > > > > > (d) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances, > > > > > (e) performance obligations, and reviews of performance, of the executive, > > > > > (f) progression in the total remuneration package of the executive based on performance, > > > > > (g) leave and other conditions of employment of the executive, > > > > > (h) the compensation for any termination of employment of the executive by the employer (including the period to which the compensation relates), > > > > > (i) any other matter prescribed by the regulations. > > > (5) The contract of employment of a Public Service senior executive does not limit, and is not terminated or otherwise affected by— > > > > > (a) the transfer of the executive under section 38(7A) to the NSW Health Service, the NSW Police Force or the Transport Service of New South Wales, or > > > > > (b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive. > > > (6) A contract of employment of a Public Service senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement. > > > (7) The regulations may make provision with respect to the compensation (if any) to which a Public Service senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a Public Service senior executive is entitled under a contract of employment entered into before the commencement of the regulation. > > **s 39:** Am 2016 No 2, Sch 1 \[17\]–\[21\].