This presentation by Matthew Curtis discusses the importance of written employment contracts, highlighting key terms such as vacation, wages, and termination obligations. It emphasizes the need for clarity and legality to avoid disputes, detailing aspects like probation periods and the significance of independent legal advice for employees. The document also mentions the consequences of inadequate contracts according to the B.C. Employment Standards Act and common law.

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.
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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.
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3. Benefits of a Written Contract
• Certainty, certainty, certainty!
• Severance obligations
• Otherwise, an oral employment contract can be enforceable in
case of a dispute.
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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
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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
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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)
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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
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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
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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.
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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.
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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.
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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
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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.
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14. Issues (cont’d)
Be aware of the Contra Proferentem rule
when drafting a contract
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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