VANCOUVER, British Columbia – Written employment contracts allow an employer and its employees to have a clear understanding of expectations at the beginning of a business relationship, an employment law specialist recently told participants at the 2015 Human Resources Management Association (HRMA) Conference and Tradeshow. In addition to the legal obligations to dismiss, a worker may, under customary law, be liable for a reasonable period of notice if no compulsory employment contract provides for a binding employment contract that decides otherwise. In BC, an appropriate dismissal is based on the following four key factors: permanent full-time: a permanent full-time worker is a person who qualifies for full-time hours and does not have a predetermined end date for their job. Information from Ryan Anderson, an employment law specialist at Mathews Dinsdale & Clark LLP. The information contained in this article is necessarily general and should not be considered as legal advice. For more information about Mathews Dinsdale & Clark LLP, see mathewsdinsdale.com. Members can download a copy of our templates and templates for your personal use in your organization. Please note that all of these forms and guidelines should be checked by your lawyer to verify compliance with current legislation and to adapt them to your company`s culture, industry and practices. Neither members nor non-members may reproduce such samples without the permission of SHRM by other means (e.g.B. for republication in a book or for commercial purposes). To request permissions for certain items, click the “Reuse Permissions” button on the page where you find the item. 3. Clarity is essential The terms and conditions of employment defined in the employment contract must be as clear as possible.
For employers, it is important to remember that ambiguous notions are probably interpreted in favour of the worker. This is due to the fact that judges tend to consider the employee in a disadvantaged position when it comes to negotiating salary, benefits and commitments. This advice provides only the fundamental principles that employers must respect when concluding employment contracts. Employment contracts can become very complex and even a simple contract can be considered not easy if small errors are not corrected before execution. Therefore, if you are not very sure that the document is contractually flawless, it is usually a good idea to have the final draft checked by a lawyer before it is submitted to the new employee. In the area of labour law, the federal government is responsible only for certain works and undertakings under exclusive federal constitutional jurisdiction, such as shipping, railways and banks. As a result, the vast majority of labour relationships are governed by the laws of the province in which they are located. 5. Periodic verification Employers should check, on a consistent basis, the employment contracts they have concluded with their employees, to ensure that they remain informed of any changes in the law and that the contracts accurately reflect the work done by the workers. . .