Principal in the establishment and modification of employment contracts
1) 2) 3) 4)
Offer acceptance and consideration
Some need to to be in writing Offer must be firm and unequivocal Can be subject to a condition precedent, if so, then both sides must act
Advantages of written contract
Well drafted written contracts have several advantages that include:
1) Reduced risk of misunderstanding 2) Potential conflicts addressed at start 3) Less uncertainty The employment contracts checklist 1) Name of employer and employee 2) Job tittle, brief description, reporting relations 3) Start date and end date 4) Rate and calculation of pay and when paid 5) Terms and conditions re hour of work, benefits commencement and accrual 6) Any required notice of termination 7) Reference to any collective agreement 8) Ownership of inventions 9) Statement about applying organizational policies 10) Details of work locations 11) Salary review timeframes 12) Restrictive covenants Express terms Express terms in employment contracts are generally specific for a point in time , but 1) Parties cannot foresee all the contingencies that may play out over the course of the emplouyment relationship 2) Position, brief description, basic pay, vacation, expected hours of work 3) May also include confidentially agreement, non- solicitation and non compitaion issues. Express contractual obligations When obligations clearly expressed in the agreement the courts enfotce them literally But the courts may interpret the language contrary to the interests of the dominant party if the clause is unduly onerous on the employee If the terms are extremely one sided then the contract may be void due to unconscionability and/or duress
When obligations are ambiguous the courts can rely on extrinsic evidence (e.g past practice in interpreting the language)
Implied contractual obligations
Some of the most fundamental and enduring obligations owed by an employee to an employer are not spelled out in a written employment contract Obligation can be oral, written or some combination These attest to the unexpected factual intentions of the employer and employee as evidenced from all the surrounding circumstances Past practices, pre-contractual negotiations, customs
Common contractual terms
1) Customize do not use single, standard contract for all employees; use template with option to enable customization 2) Most jobs key terms found in letter of hire / final contract that expressly incorporate employers policy manuals 3) Key terms include: names of parties, date contract begins, position, job description, duration (if it is for a fixed term), compensation and termination notice 4) For more senior or specialized jobs, a more formal customized contract is advisable Common contractual terms 1) Job description 2) Remuneration 3) Term-fixed or indefinite? - No termination notice required if contract is for a fixed term and employment ends at end of term (subject to employment standards) 4) Termination clause - Better to deal with it now - Clause can set out method of payment of termination pay - May include notice of resignation requirement - Clause can set out just cause to dismissal 5) Probationary period - Opportunity to test the employees suitability - Not implied by common law so must be specified in contract 6) Relocation: address issue if relevant 7) . 8) Restrictive covenants
Rest in bikrams mobile
Important questions 1) Tort law 2) Contract law 3) Federal statues 4) Charted law 5) How to complaint or file ( legislation steps) 6) Remedies