If your company is hiring for a new position, or if you have been given a job offer, then an employment agreement or contract between employee and employer is one of the most important documents that you may sign. Despite this however, many employers and employees do not take the time to fully understand this important contract. If you are about to sign an employment contract, Minhas Lawyers can help you understand your contract and advise you on your contractual rights.
Standard employment agreements contain all of the pertinent information about a job such as the job title, job description, hours of work, compensation, vacation and other perks, workplace policies and more. It is a legal contract between the employee and employer.
The termination clause lays out the conditions under which an employer may let an employee go along with any notice or severance pay that may be required if the employee is let go without cause. This portion of the contract is almost always written in the employer’s favour so it’s a good idea to review it with an employment lawyer before you accept that new job or promotion.
Non competition clause
A non-compete clause may be worked into an employment contract if the employer wants to stop an employee from working for one of their competitors or starting a business that competes with them. This clause is in effect both while the employee is working for the employer as well as for a set period of time after they quit or are terminated.
Non-competition clauses tend to be very difficult to enforce because they can make it near impossible for the employee to find work and earn a living in their field. If the clause is found to be unreasonable or too broad, a good employment lawyer can challenge it and the Courts will deem it unenforceable.
Changing the terms of employments
In some cases, employment agreements may contain clauses which allow employers to alter the terms of employment. While this may seem harmless at first glance, it can effectively eliminate any grounds that the employee may have for constructive dismissal.
In this case, it would be wise to negotiate these terms with your employer. For example, ensuring that the contract has a fair severance clause will help to ensure that the employer does not unfairly alter the terms of the contract.
New employment contract
So, what happens if you have already been working at a job for some time and your employer asks you to sign a new employment agreement? In this case, it would be highly advisable to have that contract reviewed by an employment lawyer before you sign it. This will help to ensure that you are not giving up you rights in the workplace. It is important to remember that employers very rarely ask employees to sign a new contract when they’ve already been on the job – and when they do, they are required to offer you something in return for signing – such as a bonus.
Contact Minhas Lawyers today
If you are starting a new job, our employment lawyers are here to help and are ready to review your employment agreement for you. We can ensure that what you are signing is fair and that your rights are protected. Contact us today to set up an appointment.
Minhas Lawyers LLP is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.
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