If you are in the market for a new job, you should contact the Employment Contracts service in Canada. These professionals have years of experience in reviewing thousands of employment contracts and will know what to look for. Some common issues to be aware of include collective bargaining, non-competition clauses, and notice of Employment Contracts. It is important to understand your contract to avoid problems and keep your competitive edge. The Employment Contracts service in Canada has offices in Vancouver, Toronto, Ottawa, and Calgary.
Unconscionable clauses
In the context of contract law, an unconscionable clause is a one-sided contract that would make one party feel unjustly deprived of the right to perform the other party’s duties. Most abusive contracts are the result of unequal bargaining power, due to lack of knowledge, experience, or resources. Another form of unconscionability is the use of undue influence, where one party tries to compel the other to sign a contract based on unfair bargaining power.
The majority of the Supreme Court held that an unconscionable clause should require two of the three criteria: a lack of knowledge on the part of the weaker party, and a gross imbalance of bargaining power between the parties. In other words, the weaker party must have failed to receive independent Employment Litigation advice from an attorney before signing the contract. Ultimately, the majority’s approach to unconscionability was criticized by several courts.
Collective bargaining
Whether you’re negotiating an employment contract with your current employer or looking to negotiate a new one, it’s always good to have a copy of the agreement to refer to. The right to collective bargaining, freedom of association, and protest are protected under Canadian law. Private sector workers are most often regulated by provincial labour laws and can use the conciliation or mediation services of the provincial government. For a list of collective agreements in your province, visit the Ministry of Labour’s website.
A collective agreement is a legal document between the employer and union that details the conditions of employment. It outlines the working conditions for unionized employees, including compensation, working conditions, benefits, and corporate policies. These documents also set out the rights and responsibilities of the union and employer. Collective bargaining occurs after either the union or the employer notifies the other party that it wishes to start negotiations. If both parties agree to negotiate, a collective agreement is the result.
Non-competition clauses
Employers have long used non-competition agreements and included them in employment contracts to protect their business interests, but non-competition clauses in employment contracts were difficult to enforce in Ontario. Judges tended to resist enforcing non-competition clauses, so employers were turning to non-solicitation agreements instead. In Ontario, the only non-competition clauses enforced in employment contracts were those that were pointedly drafted and contained reasonable restrictions and carveouts.
This change is not a complete solution, however. Many employers still include non-competition clauses in employment contracts. The clauses may have a legitimate purpose, but in the end, they do more harm than good for your business. For instance, a non-compete clause in an employment contract could stifle a person’s ability to find a new job. It is still important to consider the psychological impact of a non-competition clause, and to seek a waiver from your current employer if possible. In Ontario, the Working for Workers Act 2021 could make the law more effective and eliminate the need for such clauses in employment contracts.
Notice of termination
The period of notice of termination is the most important part of an employment contract. An employee must follow the notice period specified by the employment contract in accordance with the law. Under the common law, employees are entitled to at least two weeks of notice. However, the employer may agree to give the employee a longer notice period depending on the position and pay of the employee, as well as the amount of time needed to find a replacement. Employees who resign before the notice period expires are not entitled to any severance pay or unemployment funds benefit. However, in certain cases, employees may be entitled to compensation in lieu of notice.
Common law in Canada allowed for termination of employment contracts during the early twentieth century. However, Canadian courts rarely ordered employers to reinstate a terminated employee. Instead, the law considered failure to provide a notice period a breach of contract and wrongful dismissal. Damages for such a breach were based on the amount of wages and benefits lost by the employee. The government’s position on the question of what constitutes a reasonable amount of notice differs from province to province.
Rehire rights
If you are an employer and want to hire back former employees, you may be wondering about your Rehire rights. Rehire rights are specific to your employment contract, and are different from province to province. This is why it is critical for HR professionals to know how to handle this process efficiently from a distance. With Employment Contracts service in Canada, this process is made simple. The key to a successful rehire is knowing your rights and defining what needs to be done to bring the former employee back.
Rehire rights are defined by the Canada Labour Code. A group termination is defined as the dismissal of 50 or more employees from a single industrial establishment. A layoff is defined as when the employer no longer has plans to recall or rehire an employee. While there are still certain responsibilities of both parties, the definition of a layoff helps employees protect their rights. This way, they are protected from being permanently dismissed without notice.
Paperless signing process
In Canada, electronic signatures on employment contracts are now permitted. There are some considerations that must be considered, however, before using this new technology. The Alberta legislature recently repealed a regulation prohibiting employers from using electronic signatures for employment contracts. Employers must now comply with relevant subject matter-specific legislation and provide their employees with reasonable notice before using an electronic signature on employment contracts. In addition, employers must follow certain accessibility and reliability requirements.
The e-signature is created in a number of ways. It can be a typeface representation of a manual signature or an image of a handwritten signature created with software. In order to be legally valid, the e-signature must be easily identifiable, reliable, and accessible for reference. To be accepted in Canada, an e-signature must be distinctive and must regularly be used as a form of consent.
