For Employers

Employment contracts set out the essential terms and conditions of any employment relationship. It is an agreement outlining the rights and obligations of both employer and employee. Under Section 5 of the Employment Standards Act, 2000, an employer cannot contract out of an employee’s minimum entitlements under the Employment Standards Act, 2000. For instance, conditions or terms on wages, overtime pay, vacation pay, notice period, termination pay, severance pay, and leaves of absences must at the minimum follow the Employment Standards Act, 2000.

Contracts are an important tool for businesses in mitigating their risks and damages. In particular, a carefully-worded and enforceable termination provision may save an employer from awarding a significant severance package to a dismissed employee. When a termination provision is ambiguous, a court will likely find the provision to be unenforceable, obligating the employer to pay more than the Employment Standards Act, 2000 minimums.

Contracts are also integral in helping protect your businesses’ proprietary interests and confidential information. Drafting restrictive covenants such as non-disclosure, confidentiality, and non-solicitation clauses can enforce an employee’s obligations during employment and post-dismissal.

We encourage employers to seek an experienced employment lawyer because drafting contracts is highly technical and specialized. Here at Zubas Flett Law, our team has years of experience analyzing, drafting and amending employment contracts that are strategically and legally in line with our client’s interests. We are aware of the pitfalls and nuances of contract drafting and can assess your risks and legal options while reducing your liability.