One of the most significant documents that characterize the relations between an employer and an employee is a written employment contract. It defines rights, duty, payment and expectations that give a sense of the law to both parties. The existence of a written contract to the employees in Canada is not merely formal, but it is actually a life belt in the face of disagreements and helps to offer protection to the employees in case a dispute occurred in future.
Most employees also take job offers on verbal agreement or through informal emails thinking that all would be well. But in case of a non-written agreement, a misinterpretation is highly likely to take place. In the cases where the terms are not clearly stated, it is hard to show what was initially agreed on. Thus, asking to be provided with an employment contract in writing is a proactive and legally savvy activity that all employees must take into consideration when starting off in a new employment.
Understanding the Value of a Written Employment Contract
An employment contract is one of the documents that act as a guide to the employer and the employee. It usually entails the necessary information about the job title, responsibilities, remuneration, benefits, employment hours, and termination. This paper work will make sure that you are fully aware of what you are committing to and that you do not have unexpected liabilities ahead of you. To take an example, a clear written clause regarding what you are paid or what your vacation time will be will remove uncertainty and increase your leverage in enforcing your rights.
In addition to clarity, a written contract has legal protection. Without the one, Canadian employment law will suggest that there exist some minimum standards, although these are not necessarily applicable to the particularities of your position. A written agreement will provide you with a better legal stand, in case of any changes in working conditions, payment, or any other actions of your employer, who decides to alter something without a relevant warning, or just expects to dismiss you. It also assists your employment attorney to get to know more about your case in the event of controversies.
Preparing to Request a Written Contract
It is always good to consider what has been said verbally with your employer before making a formal request that they sign an employment contract. Write down what has been promised and among them are the pay structure, bonuses, working hours and benefits. This training will be able to make you realize that you can make your request clearly. Employers value professionalism, and responsibility and commitment to your job demonstrate that you have thought a lot about the terms.
You ought to also train yourself on the normal terms of contract in your industry. Knowing what a reasonable deal should have in it, you will be able to discuss it with confidence. In case of confusion, it is better to seek the advice of an employment lawyer who may explain to you what terms to pay attention to and what to shun. An employment lawyer Edmonton or in any other part of your locality is able to assist you with advice that is dependent on the labour laws of the particular province and that your expectations meet the legal standards.
Approaching the Employer Professionally
The opportune moment when you are willing to demand a written contract is before you start working or upon receipt of a job proposal. Grataciously acknowledge that you are grateful to be given such an opportunity and state that you would also like to see the terms to be put on paper to understand each other. You can also word your request in a manner that would not stress on mistrust but rather professionalism. As an illustration, you may say that you like written contracts to make sure both parties understand what the other expects and what he or she will do.
In case your employer hesitates, be calm and polite. Other smaller employers might have no written contract procedures and some might be content to assume a verbal contract. In this situation, tell me that it is better written down so that there can be no misunderstandings in the future. The vast majority of good-faith employers realize that a contract is a good thing to both parties since it helps to define the responsibilities and avoids any disagreements that may occur.
Key Clauses That Protect Employees
Each employment contract is individual, but there are some significant points that the employees should notice. The compensation section must specify the specific pay rate, payment plan and other benefits or bonuses. The termination clause is also vital because it defines the extent of notice or severance that you are supposed to receive in termination of employment. By going through these sections, you are certain that you are not signing a contract that has terms that restrict your rights unfairly.
The other highly important area is the non-compete and confidentiality clauses. These may impact on your working potential with other employers when you quit your job. It is important to know the legal boundaries of such clauses since definitely excessive expansive restrictions are detrimental to your career mobility. You may also get the services of an employment lawyer before signing the contract to have the language read and find any questionable language that may require a negotiation or amendment of the agreement.
Addressing Employer Concerns and Questions
In some cases, employers might wonder why you would want a written contract. In this instance, assure them that your intention is to be as transparent and as professional as possible. Discuss that written agreements establish trust because both parties have distinct expectations to go by. The form of approach maintains the conversation as a win-win situation instead of a win-lose scenario.
In case your employer adamantly insists that you do not need a written contract you can propose to prepare a basic summary of the terms of the agreement and have both parties sign it. A simple written paper may have a legal force and prove the intent. In case you face opposition or feel compelled to work without one, it might be prudent to consult an employment lawyer in Edmonton to get the other side of the story before trying to do so.
Reviewing and Finalizing the Contract
After giving you a written contract, your employer is obliged to make sure that you go through it carefully before signing. Read each of the clauses step-by-step and make sure that it is what you have been promised by word of mouth. When you have gaps that you do not comprehend, then spend time researching or posing questions. Do not hurry in the procedure just to get the job because the contract stipulates your future rights and duties.
An employment lawyer should also review the contract. They are able to detect any latent risks like restrictive terms or ambiguous terms of termination. A lot of employees enter contracts without understanding that they have foregone some of the serious legal protective measures and a legal review in a glance may avoid all these problems. This is a precautionary measure to show seriousness and to be getting into a good and valid contract.
Conclusion
Making a request to sign a written employment is not an act of distrust- one is being responsible and professional in the way that this measure safeguards the employer and you. A properly written contract will provide proper expectation, avoid conflict, and protect your rights under the Canadian employment laws. Regardless of whether you are entering a new employment or making formal your current employment, such a move can spare you the misery of being unsure of what to expect in the future.
In cases of uncertainty, it is always advisable to consult with an employment attorney who is conversant with the local laws and the practices in the industry. It is possible to have a strong base of a safe and healthy working period by ensuring that your hiring union is founded on openness and legal integrity.
Post a Comment