A non-compete agreement is defined in the Employment Standards Act, 2000 (“ESA”) as: 67.1 …[A]n agreement, or any part of an agreement, between an employer and an employee that prohibits the employee from engaging in any business, work, occupation, profession, project, or other activity that is in competition with the employer’s business after the employment …
Employment Contracts
Perhaps you’ve just been given a new job. In the employment agreement, you notice a clause addressing moral rights. What does this mean? Moral rights protect an author’s non-economic, personal interests in a work. As moral rights are addressed in Canada’s Copyright Act, a brief description of copyright is necessary to understand the role of …
An employer can agree with an employee that the employee will have to pay the employer back money wasted on training the employee (wages, training expenses, etc.) if the employee quits or gets fired early. This kind of employee repayment agreement, which is usually contained in a clause in an employment contract, is often called …
What is the difference between an offer letter and an employment contract? An offer letter is a short congratulatory note extending a job offer, while an employment contract is a long written agreement setting out the terms and conditions of employment. Both an offer letter and an employment contract are legal documents, discussed below. The …
If you are a small business without an employment lawyer on retainer, it can be daunting to know what you need to include in your employment contracts. Of course, you likely know the basic terms to include in your employment contracts like Pay, Start Date, Benefits and Vacation, etc. However, you may be unfamiliar with …
It is March 2022. Every single covid restriction in Ontario will be lifted very soon. And with that, many employers have recalled some of their employees back to the office. Is this legal? Can an employer make an employee go back to the office? It largely depends on what the employment contract says. However, obviously, …
Employment restrictive covenants are terms and conditions of employment (usually inserted in an employment contract) that restrict employees when they leave the employer. By way of example, a non-compete clause is a restrictive covenant that purports to prohibit employees from competing with their ex-employer for a set period after they resign or are terminated. Restrictive …
In Ontario (and Canada), employment contracts as a concept are enforceable. However, not every employment contract is enforceable. Employment contracts, as in written agreements setting out the terms and conditions of employment are perfectly allowed, valid and enforceable on their own. In Canada, we follow the principle of Freedom To Contract. Indeed, Canadian courts will …
1. Decide whether you want to hire a worker in Canada or someone else located internationally The world is your oyster. With remote hiring, you can hire someone from anywhere in the world, and there are many benefits for doing so. With the internet’s tools, you have unlimited access to diverse individuals with specialized skills. For instance, …
Once your business has interviewed and selected a suitable candidate, the next steps are offer and acceptance of a job offer for that candidate. For the purposes of this article, I will call this step “onboarding”. However, please note, this article will only discuss the technical, legal aspects of onboarding an employee (i.e., offer and …