Is a written employment contract necessary?
No. An employment contract can be formalized either in writing or orally. This flexibility for execution can be an interesting tool between employer and employee but it can also bring confusion to this relationship. Written contracts are commonly used in hiring managers or executives, qualified employees, people handling confidential information or for fixed term positions. Termination agreements and implied terms also require a written form.
Start Ups in Canada: how to hire a manager or an executive.
Severance agreements are typical benefit that needs to be drafted accurately. Non-disclosure, non-compete and non-soliciting clauses are commonly prepared as a crucial topic for termination of an executive employment agreement. Lump sums or termination payments and the length of termination notices must be considered before hiring an executive. Life, health and welfare insurances and disability terms should be strategically described and studied when treating benefits and prerequisites. Car allowances, pensions, bonus, and stock options are more often included in middle range employees as well.
Compare a simple task to a fixed term contract.
Fixed terms and simple tasks contracts are agreements frequently used to skip the statutory obligation of a notice of termination. Fixed terms follow a selective and detailed drafting strategy: if the employer abuses in successively offering fixed terms contracts, the employee would have grounds to consider them as a regular unlimited employment contract exposing the employer to administrative penalties.
Simple task contracts need an accurate description of the job, to avoid a generic approach to the scope of work that could recharacterize the agreement as unspecific contract under the general applicable law.
Hiring policies and testing strategies.
When we install new foreign company in British Columbia or Alberta, hiring policies are usually imported from the country of origin. This is a common mistake for foreign employer who need to understand hiring policies and testing strategies in Canada to adapt or convert their own national techniques. Medical testing for example is related to human rights in British Columbia to protect people with disabilities and privacy legislation is meant to apply. Employer must accommodate disable employees assuming the costs to implement security and health requirements. Indeed, drug dependency is considered a disability.
Screening assessments in Canada, must determine personality and skill factors to qualify a potential employee without causing discrimination. There are limits to those techniques considering the age and sex of the candidates. Background checks for instance must not be a source for discriminating. Credit reports must be strictly related to the scope of the offered job.
Employment restrictions, employee handbooks, and covenants.
If an employer has limited writing practice for the employment agreements, then the implementation of a handbook is advisable. Employment handbooks are useful documents to describe security conditions and other characteristics of the employment location. Taking care of and maintaining a structural order or safety in the employment are often a necessity in several industries and large retails, maximizing personnel rotation.
We solve many employment conflicts every day. Wrongful dismissals are a common form of termination statutory regulated. Also human rights related conflicts in employment law are part of our legal practice.