As an employee, you may have to sign a number of employment contracts throughout your career. Knowing how to negotiate these contracts is essential to maintaining a competitive edge. If you are unsure of what is in an employment contract, Employment Contracts service in Canada can help you. With offices in Toronto, Vancouver, Ottawa, and Calgary, they have the experience necessary to review thousands of Employment Contracts. If you’re interested in obtaining an employment contract, contact them today.
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Minimum terms and entitlements
In Canada, employment contracts are subject to growing scrutiny. Unless they comply with certain employment standards, they are void. Canadian labour laws include protections for workers’ health, safety, and rights, and employers cannot waive these rights. In addition, employment contracts cannot be worse than the minimum requirements set forth by these laws. Listed below are some of the essential elements of an employment contract. Read on to learn more about your rights.
Employers are prohibited from discriminating between genders. While it is permissible to hire employees under a merit-based or seniority system, it is illegal to pay employees differently. In Quebec, however, employers are not permitted to discriminate base on sex. The law is clear that Employment Litigation cannot use titles as the sole factor in determining pay rates. Instead, employers must give careful consideration to the actual duties performed by employees.
Restrictive covenants
The legal assessment of restrictive covenants in employment contracts service in Canada involves evaluating the purpose, context and surrounding circumstances of the clause. Oftentimes, an employer may have a proprietary interest, such as confidential information, customer lists, or business relationships. This interest will be based on the nature of the business and its likely effect on the employee. It is therefore important to evaluate the purpose of the clause, as well as the potential for harm, before drafting an employment contract.
The BC Court of Appeal has recently confirmed some principles relating to restrictive covenants in employment contracts. In its recent decision, the court ruled that a former employee cannot compete with the company in which they were previously employee. In Payette v. Guay inc., an optometrist had entered into an Optometric Services Agreement with IRIS. The Optometric Services Agreement set out the terms and conditions under which he could continue providing services for IRIS according to CTN News.
Notice of termination
It is essential to follow the Canadian laws for a notice of termination of an employment contract. Canada’s government is strict about protecting employee rights, and failure to follow these guidelines could lead to legal problems. Employers are also require to pay their employees any outstanding payments and to process the final payment by the next pay date According to CTN News. In addition, failing to comply with these regulations can result in fines of up to CAD$2,000 or imprisonment for up to six months.
To comply with common law notice of dismissal, employers must provide their employees with a certain amount of time. In Canada, this period can be express as working notice or compensation in lieu of notice. However, it is not an absolute requirement. There are some exceptions, such as federally regulated workplaces. In addition, Canadian employees are entitle to statutory severance pay if they are terminate for non-performance.
Rehiring employees
If you’re rehiring an employee who has recently left your business, you’ll want to make sure you have the proper documentation in place. In many cases, employees will return to their previous employer after leaving and the employer will treat them as a new employee and calculate their severance pay accordingly. The case of Hetherington v. Saskatchewan Liquor and Gaming Authority provides a useful reminder to employers that a break in service can have a significant impact on their ability to rehire employees.
While Canada has a thriving economy and is a prime location for FDI, hiring direct is a complex administrative process. Many organizations assume that the hiring process will be simple, only to find out that the labor legislation creates additional challenges. Luckily, there’s a solution. Hiring employees with employment contracts service in Canada is a smart way to avoid pitfalls associated with direct hires.