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Defining a Few Terms Found in Employment Lawtessasy043
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News Flash January 27 2015 - Settled Law Changing _ Retiree Medical Benefits...Annette Wright, GBA, GBDS
The following article describes a new employee benefits development (Supreme Court decision could make it easier for employers to reduce union retiree health benefits).
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Andrea Raso Amer and Tony Schweitzer were invited to present this primer on Canadian Employment at a special CLE dealing with Canadian Labour and Employment in Philadelphia on July 17, 2012.
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(a copy of this presentation was given to participants of the FEF Paderanga-Varela Memorial Lecture, to share, study and discuss with the objective of generating discussion about the effects of "ending endo" or temporary employment contract, and arrive at a win-win solution to the problem)
copyright belongs to the authors of the study
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Employing staff is one of the most important things a business does. Getting the right people and having a common understanding of what is expected from the start is essential for the whole employment relationship. How that relationship is established at the beginning is critical, particularly if it is necessary to part ways with the employee later on.
Workshop was conducted at Coleman Greig Lawyers on 22 June 2017. http://www.colemangreig.com.au/Event-250-Employment-Contracts-and-Policies.aspx
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Work Practice or Contractual Entitlement-Changing a Contract of EmploymentTerry Gorry
http://EmploymentRightsIreland.com What a work practice and what is a term of employment is vital to understand if you want to change a contract of employment.
Does Ending Endo Contribute to Inclusive Economic GrowthSonnie Santos
by Vicente Paqueo and Aniceto Orbeta Jr.
Fellows, PIDS and FEF
(a copy of this presentation was given to participants of the FEF Paderanga-Varela Memorial Lecture, to share, study and discuss with the objective of generating discussion about the effects of "ending endo" or temporary employment contract, and arrive at a win-win solution to the problem)
copyright belongs to the authors of the study
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Covering the requested topic of settlement agreements, and how to maximise their potential. The slides were originally for an event on the 24th March 2020, and due to COVID-19, this has been adapted into a podcast found here: https://yolkrec.podbean.com/e/hr-insights-settlement-agreements-march-2020/
Employing staff is one of the most important things a business does. Getting the right people and having a common understanding of what is expected from the start is essential for the whole employment relationship. How that relationship is established at the beginning is critical, particularly if it is necessary to part ways with the employee later on.
Workshop was conducted at Coleman Greig Lawyers on 22 June 2017. http://www.colemangreig.com.au/Event-250-Employment-Contracts-and-Policies.aspx
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This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
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1. Contracts of Employment 101
A Presentation by:
Matthew J. G. Curtis
Fraser Milner Casgrain LLP
Tel: (604) 691-6461
Email: Matthew.Curtis@fmc-law.com
Thursday April 19, 2012
Vancouver, B.C.
1
2. Overview
1. Why do you need a written employment contract?
2. Important terms in an employment contract.
3. Issues to consider and to avoid.
2
3. Benefits of a Written Contract
• Certainty, certainty, certainty!
• Severance obligations
• Otherwise, an oral employment contract can be enforceable in
case of a dispute.
3
4. Benefits of a Written Contract (cont’d)
vacation hours/overtime
benefits
severance
confidentiality
probation
restrictive
covenants
duties
supervisor
compensation
start/end date workplace policies
4
5. Terms
• If the contract addresses the following subjects, it must
provide at least what is the minimum under the applicable law
such as the B.C. Employment Standards Act (“ESA”):
– Vacation
– Wages
– Termination
– Hours of Work
– Leaves of Absence
5
6. Terms (cont’d)
The Basics:
– Position and duties/responsibilities
– Who the employee reports to
– Following company policies
– Hours of work – Leaves of absence
– Term of Employment (definite or indefinite)
6
7. Terms (cont’d)
• The Basics:
– Compensation
– Vacation
– Benefits → TIP: limit employer obligations to pay premiums only and not to
act as a self-insurer
– Confidentiality/Intellectual Property
– Post Employment Obligations
– Restrictive Covenants, if applicable
– Termination by the Employer and by the Employee
7
8. Terms (cont’d)
Termination:
Without a Written Contract
Employment Standards Act, section 63:
– One week’s notice after three months of employment.
– Two weeks’ notice after twelve months of employment.
– Three weeks’ notice after three consecutive years of employment, plus
one additional week for each additional year of employment to a
maximum of 8 weeks notice.
Maximum liability = 8 weeks notice or pay in lieu
Canada Labour Code, sections 230 and 235
8
9. Terms (cont’d)
Termination:
Without a Written Contract
Common Law
• No formula but ESA length of service is inadequate.
• Age; length of service; nature of employment; availability of
alternative employment; any other factor a Court would
consider relevant.
• Invariably more than ESA and Canada Labour Code.
9
10. Terms (cont’d)
Termination Provision:
• Must meet ESA minimum.
• Can use formula to exceed ESA minimum.
• Lump sum payment, or salary continuation.
• Change of control for executives.
10
11. Terms (cont’d)
Probation:
• Less than 3 months, no ESA termination pay.
• The common law still applies and may require notice or pay in
lieu of notice.
• A written contract should clearly define the probationary
period.
11
12. Terms (cont’d)
Other terms to consider:
• Entire agreement
• Severability
• Modification of the agreement
• Dispute resolution – courts, arbitration?
• Opportunity for employee to seek independent legal advice.
• Governing law
12
13. Issues to Consider
1. Enter the written contract before the employment
relationship begins.
2. Additional consideration is needed if significant changes are
made later on. An offer of continued employment is not
enough.
3. Give sufficient time for the employee to review the contract
and to seek independent legal advice. Do not apply pressure
to sign the contract.
13
14. Issues (cont’d)
Be aware of the Contra Proferentem rule
when drafting a contract
14
15. The preceding presentation contains examples of the kinds of
issues companies dealing with employment contacts could face.
If you are faced with one of these issues, please retain
professional assistance as each situation is unique.
16. Thank You
Matthew J. G. Curtis
Tel.: (604) 691-6461
Email: Matthew.Curtis@fmc-law.com