In most cases, you probably don`t need contracts with hourly or lower-level employees, but if you`re hiring an office manager or administrative assistant to handle highly confidential information, you may want to sign it with a contract. And contracts can also protect you from serious problems with professionals and senior management. However, your contract may include terms that only apply during your probationary period and are less favourable than those that apply after your probationary period expires. These Terms shall not deprive you of your legal rights. The ideal is to have a signed agreement. Despite the technology and all the amenities, this is not always possible in some business transactions. Whether intentionally or not, there are those customers who manage to sign a contract. Check with an employment lawyer to discuss the need for a contract with a specific employee if you`re unsure. A lawyer can also make sure that the language of the contract you provide is correct and sufficient.
If you try to bind an employee to a provision that is not supported by law, your entire contract may become invalid if a dispute arises. If your job offer was unconditional or if you met the conditions and accepted it but were withdrawn, it is a breach of contract. Indeed, there is an employment contract once an unconditional job offer has been made and accepted. You can apply for compensation for breach of contract before an employment court or district court. If the employer tells you that you are entitled to 26 days of paid leave per year and that you are entitled to statutory sickness benefit, you have a verbal contract. Contrary to what many employers believe, an employee`s rights are not so different from those of employees who have an employment contract. For example, if your employer tells you that they expect you to work from 8 a.m. .m.
until 5:30 p.m. .m. with a one-hour lunch break from Monday to Friday and you receive a fixed salary per week, this has the stuff of a verbal contract, as it is classified as a full-time job. In the absence of a written employment contract, B.C. employers who wish to terminate an employee`s employment relationship „without cause” are required to provide the employee with reasonable notice or payment. The general rule for a reasonable notice period is one month per year of service up to twenty-four months. You and your employer can agree on almost all the explicit conditions you like, but neither of you can accept a condition that puts you in a worse situation than the law (the law). In other words, any employment contract must respect your legal rights. It should be noted that explicit terms do not necessarily have to be part of a written contract and these terms can often be part of an employee manual or written details about the nature of your work and what is expected of you. You are also protected from victimization because you filed a complaint of discrimination or testified in a complaint from another employee. This may surprise you, but whether a contract has been written down or not, you still have an employment contract with your employees.
This contract governs the relationship between you, the employer and your employees, but an unwritten contract is fraught with uncertainty and ambiguity. If you believe the job offer was withdrawn due to discrimination, you may want to consider taking legal action for discrimination before an employment tribunal. You will first need to check if you have a strong case of discrimination. These serious problems that arise from the absence of an unwritten employment contract are just a few possible examples that could happen to your company. There are a number of other potential problems that employers should avoid, as well as many benefits that can benefit from a well-constructed written employment contract. And some courts might set you a higher standard in the event of litigation and lawsuits. This is a threshold that you may not have to reach if you have not concluded an employment contract. They may be bound by a standard commonly referred to as a „bona fide covenant.” Every one of your actions and decisions could be placed under a microscope. An employment contract can be a good idea if you don`t want the employee to leave and compete with you for business. You want the employee to sign a non-compete clause as part of the employment contract, which limits their ability to compete with you within a certain period of time and in a defined geographic area in a certain type of business. A fixed-term contract indicates a date on which it ends.
If you have a fixed-term contract, your employer should not treat you differently from a permanent employee simply because you are a term employee. They have the same legal rights as permanent employees. Your employer can extend your trial period as long as your contract indicates it. For example, your employer may want to extend your probationary period to give you more time to evaluate your performance. However, you can only do this if your contract includes a provision that your trial period can be extended in these circumstances. If there is no employment contract, many employers feel that employees have little or no rights, which is not the case. If you feel that you are being treated unfairly at work or that you have been unfairly dismissed and do not have an employment contract, we strongly recommend that you contact an employment lawyer, as you will certainly need someone with in-depth knowledge by your side. If you`ve never had a written employment contract before, take the time to reflect on the relevant conversations you`ve had with your boss and collect any emails or other documents that might be helpful in proving what was agreed upon and/or that you think could be part of your employment contract. A contract gives you and your employer certain rights and obligations. The most common example is that you have the right to be paid for the work you do.
Your employer has the right to give you proper instructions and work for you in your workplace. These rights and obligations are referred to as the „Contractual Conditions”. The exception would be if you and your employer have verbally agreed that you will always work a 35-hour week. Each employment contract contains „tacit” terms and conditions for employees and employers, including: The rights you have under your employment contract are in addition to the rights you have under the law – for example, the right to receive the national minimum wage and the right to paid leave. There is always a contract between an employee and an employer. You may not have anything in writing, but a contract still exists. Indeed, your consent to work for your employer and your employer`s agreement to pay you for your work form a contract. Your employer must provide you with a written statement within 2 months of starting work. The declaration must contain certain conditions. A common stressor for many employers is whether they have to pay a lot of money to a laid-off employee, as this is certainly a possibility. However, a contract of employment may, within certain limits, determine the amount of notice to which an employee is entitled. Below are three examples of costly pitfalls an employer may encounter if they don`t have a written employment contract with their employees, as well as some of the potential benefits that can be achieved through a written employment contract.
Labour law is complicated and, as is often the case, if there is a problem for which legal advice is recommended, there is no „one-size-fits-all solution” as the majority of cases must be assessed individually. Unfortunately, these things happen. And if you don`t have a written contract, your ability to respond to these harmful scenarios is limited. You can only imply a term through „customs and practices” if there is no explicit term that addresses the problem. For example, if you have worked 35 hours a week for 10 years, even if your contract states that you should only work 30 hours, you are not allowed to work 35 hours according to habit and practice. If you have never received a written copy of your employment contract, don`t worry – you will still have a contract, but its terms will be agreed implicitly and/or verbally. However, for the sake of clarity, it is always better to have a written employment contract. Ideally, your employer should provide it, but if it doesn`t happen a few weeks after the job starts, you should ask for a written contract to be given to you. If the job offer was conditional – such as satisfactory references or passing a test – and you didn`t meet the conditions, there`s nothing you can do. This is because there is no employment contract – there is only a conditional offer.
A well-constructed written employment contract that allows for such changes is a valuable tool to avoid such a claim or to defend the claim when it arises. So how do you know who you are? In the end, only the labour court can answer a tricky legal question. .