A carefully written contract will address all the terms of employment between the employer and employee. It will leave no room for ambiguity or future misunderstandings. This is especially important should a dispute arise such as in the case of a termination. In addition, the same contract will ensure the neither party will hold a particular advantage over the other in arriving at the agreement.
In circumstances where the terms of employment do not vary from the legislated minimum, a written contract may not be necessary. Yet there are most often additional terms, such as insured benefits, that are not covered by the Employment Standards Act. Written contracts are a good idea when the terms and conditions of employment exceed legislative requirements or there are issues of confidentiality or proprietary information involved.
Where there are more involved terms of employment, which can be the case with senior management or professional positions, it may be advisable to utilize a more detailed contract. This provides the opportunity and scope to adequately address such issues as bonuses, performance requirements, issues of confidentiality and any other specially negotiated terms. Finally, in most instances, the employer holds the advantage in recruiting.
As such, it is wise to give a prospective employee time to consider a formal offer. The employee should be encouraged to seek independent advice on the terms and conditions contained in the agreement. Prev Next. We use cookies to operate our services. We also share information about your use of our site with our advertising and analytics partners.
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