Every employer-employee relationship necessarily involves an employment contact, whether written of verbal. This contract can take the form of a collective agreement or an individual employment contract. As in any contract, it is essential to pay particular attention to the way each clause is drafted in order to avoid any ambiguity concerning the qualification of the legal relationship between the parties or as to their respective obligations. Indeed, a clear and precise wording could enlighten the court in the event of disagreement regarding the employee\u2019s status.<\/p>\n
At the stage of drafting and negotiating the contract it is wise for the employer to include certain protective clauses. A non-competition clause is sometimes essential to protect the interests of the employer in order to keep its customers. Given the balance of power between the parties, which generally favors the employer, the courts are demanding regarding the compliance to the criterias of this type of clause. In the event that a clause is found to be non-compliant, it will be invalidated by the court, which can then considerably infringe de rights of the employer.<\/p>\n
As with the non-competition clause, it is also relevant to include provisions relating to salary conditions, performance objectives and terms of employment, whether or not it results from the will of the employee.<\/p>\n
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The importance of corporate policies should not be overlooked, whether with unionized employees or not. Indeed, they prove to be a very important tool when imposing sanctions or disciplinary measures. In addition, with the recent legalization of cannabis in Canada, a clear and effective corporate policy is proving to be a very useful tool in framing the impact and consequences of cannabis in the workplace.<\/p>\n