close
  1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar


Legal Guide


An employer may enter into a written employment contract with an employee. This is often the case with senior management personnel. Letters of hire, formal legal memoranda or even general policy booklets setting out wages and benefits, will all form part of an employee’s contract of employment. As well as clearly identifying the terms and conditions of the employment bargain, written contracts can limit employer liability in the event employment is terminated (although such terms may not be valid under the Civil Code of Québec, as an employee may not renounce his or her right to a reasonable notice in an employment contract), and include covenants limiting competition after dismissal and guarding against solicitation of the employer’s customers. Without a written contract, the employer will be determined to have entered into an oral contract, generally of indefinite hire, which can be terminated only on provision of reasonable notice, to be determined by the courts and, in Quebec, also by administrative tribunals if the claim is filed before the Commission des norms du travail. Pursuant to the Civil Code of Québec, a stipulation of non-compete may not be enforceable where the employee is terminated without just and sufficient cause.

Additional posts from the blog

Apr

09

Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements and More!

by Timothy Banks

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”). It would be a mistake to say that it is largely recycled from the government’s last attempt to reform PIPEDA in 2011 through Bill C-12, which died on the order paper. Here’s what’s different, what’s been dropped, and what seems to be largely the same. Caveat: This is a first read!

Mar

20

Lean times may call for lien measures – What you need to know about miners’ liens in Northern Canada

by Karen Martin

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result, contractors and others who provide services or materials to mines, whether in the exploration, development, or production phases of such projects, are increasingly looking to miners lien legislation to help them increase their leverage when seeking payment of outstanding accounts.

Mar

13

CRA Provides Update on NPO Project

by Timothy Fitzsimmons

In 2009, the CRA commenced a broad review of the non-profit organization sector. You or your clients may have received a CRA questionnaire asking that the NPO provide information or documents in respect of its structure, activities, bylaws, finances, and membership.



Legal and Privacy | Disclaimer
Dentons
FMC Law

© 2014 Dentons