8. Severability clause: a severance clause will confirm that if another clause in the employment contract is found to be non-applicable or not applicable, the other clauses will nevertheless remain in force. The above is only a brief introduction to employment contracts. Depending on the remuneration and extension of the position, an employment contract should have more or less defined terms and conditions. If you have questions about how to adjust the model or just want to check it with someone, contact CFIB advisors! You can guide yourself in the process of adapting the model to your needs. The relationship between the employer and the worker is contractual, even if no written document has been signed, and a written employment contract will create some security on the terms of the employer-employee relationship, and employers and workers will be protected in the event of an employment dispute. Dutton Labour Law designs and verifies employment contracts for employers and executives. Please contact our offices for more information. For the rest, you will refer here to our guide for start-ups for the creation of employment contracts, referring here to our guide to executive contracts and referring to our post where we discuss new contracts for other employers here.
Non-invitation: A non-invitation clause prevents the employee from encouraging other employees or customers/clients of the employer to change companies or service providers. These clauses must also be accompanied by certain restrictions that are considered valid and which are generally valid for a predetermined period (for example. B 2 or 3 years after termination of employment). An employment contract must not violate the legal minimum standards applicable to the minimum wage, time of payment, maximum working time and overtime pay contained in the following provincial and territorial laws. There are also minimum legal standards for dismissal. If a clause does not violate the minimum legal standard of termination, a court may replace the clause with a longer notice period, an issue that is dealt with in that document by referring to the statutory minimum requirements. 7. Non-protection clause: the most recent case law proposes a default clause which stipulates that the employer cannot provide for anything less than employment standards, in order to protect the employer from the annulment by the court of the corresponding contractual conditions.