Contract of Employment
04-Feb-0
Contract of Employment: Civil code has ~3300 articles, contains all civil/general laws of Quebec. Contract[1] of Employment is a portion of the code.
[2085] “what it’s all about.” An employee:
Contractor: No direction and control,[2] contractor sets his own daily schedule, vacation schedule, provides his own tools (e.g. computer), is able to subcontract work. o e.g. lawyer: is hired as an agent/agency, does not direct/control
• Important to specify between the two: employees have deductions withheld at source, contractors do not • EER’s can be fined (and EEE’s assessed) if EER mislabels an EEE as a contractor and fails to withhold deductions
[2086] contract can be for a fixed period of time or indefinite (open-ended)
[2087] Obligations of the EER to the EEE: 1. To provide the work 2. To pay for the work 3. To protect the health, safety (e.g. protective clothing), dignity of the EEE
[2088] Obligations of the EEE to the EER 1. work with prudence[3]/ diligence[4] 2. work faithfully/ honestly (i.e. won’t lie, place EEE interests ahead of EER) 3. protect confidential info (“a proprietary right”) • All employee sanctions stem from this • Extends for a reasonable amount of time after employment ends • “The fiduciary duty” = trust • “Obligations of Trust” = the trust that one has in his significant other
[2089] Non-competition clause • If you leave/ fired for a reason there can be prohibitions on where you can work • The Shake Test: 5 steps to proving validity of a non-competition clause (the answer to each step must be “yes” for the clause to be valid; burden of proof on EER) 1. Is it in writing? (cannot be verbal) 2. Does it specify time/ place/ type of employment? 3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?) ▪ Burger flipper = EEE talent ▪ Game
Contract of Employment: Civil code has ~3300 articles, contains all civil/general laws of Quebec. Contract[1] of Employment is a portion of the code.
[2085] “what it’s all about.” An employee:
Contractor: No direction and control,[2] contractor sets his own daily schedule, vacation schedule, provides his own tools (e.g. computer), is able to subcontract work. o e.g. lawyer: is hired as an agent/agency, does not direct/control
• Important to specify between the two: employees have deductions withheld at source, contractors do not • EER’s can be fined (and EEE’s assessed) if EER mislabels an EEE as a contractor and fails to withhold deductions
[2086] contract can be for a fixed period of time or indefinite (open-ended)
[2087] Obligations of the EER to the EEE: 1. To provide the work 2. To pay for the work 3. To protect the health, safety (e.g. protective clothing), dignity of the EEE
[2088] Obligations of the EEE to the EER 1. work with prudence[3]/ diligence[4] 2. work faithfully/ honestly (i.e. won’t lie, place EEE interests ahead of EER) 3. protect confidential info (“a proprietary right”) • All employee sanctions stem from this • Extends for a reasonable amount of time after employment ends • “The fiduciary duty” = trust • “Obligations of Trust” = the trust that one has in his significant other
[2089] Non-competition clause • If you leave/ fired for a reason there can be prohibitions on where you can work • The Shake Test: 5 steps to proving validity of a non-competition clause (the answer to each step must be “yes” for the clause to be valid; burden of proof on EER) 1. Is it in writing? (cannot be verbal) 2. Does it specify time/ place/ type of employment? 3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?) ▪ Burger flipper = EEE talent ▪ Game