SAFEGUARD YOURSELF BY HAVING A LAWYER REVIEW YOUR EMPLOYMENT CONTRACT

Employment Contract Review

Securing a new job is exciting, and it might be tempting to sign your new employment contract without a second look. However, that is not something we would advise. It is always a good idea to have a lawyer review your contract first to make sure that it is fair, legally compliant, and protective of your rights and interests.

In Alberta, the law provides certain rights and protections for both employers and employees. When entering into an employment relationship, it is crucial to review the terms and conditions outlined in the employment contract to ensure they are suitable.

DLegal’s experienced contract review lawyers can help you interpret your contract and advocate on your behalf, safeguarding you from potential legal issues, misunderstandings, or liabilities. If there are any non-compete or non-solicitation clauses, we will also assess their enforceability and impact on your future career opportunities.

As an employee, you have every right to have a lawyer review your contract before signing.  This process provides an opportunity to negotiate and modify terms if necessary, so parties can establish a solid foundation for a mutually beneficial employment arrangement that complies with Alberta employment laws.

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Types of Employment Contracts

PERMANENT EMPLOYMENT CONTRACT

A permanent employment contract is the most common type of contract where the employee is hired for an indefinite period. It does not have a specific end date and provides the employee with job security. The terms and conditions of employment, such as salary, benefits, working hours, and notice period, are typically outlined in the contract. Permanent employees are entitled to employment protections and benefits under provincial employment laws.

FIXED-TERM EMPLOYMENT CONTRACT

A fixed-term employment contract, also known as a temporary contract, is used when employment is for a specific duration or project.

The contract specifies the start and end dates of employment and may also include conditions for early termination. Fixed-term contracts are commonly used for seasonal work, specific projects, to manage workload fluctuations, or to cover employee absences. Once the agreed-upon term is completed, the employment ends automatically, unless the contract is renewed or extended.

Temporary contracts may not offer the same benefits and employment protections as permanent contracts. The contract specifies the duration of employment and the employee’s rights and responsibilities during the employment period.

CASUAL EMPLOYMENT CONTRACT

Casual contracts are often used for irregular or part-time work arrangements. Casual employees are typically hired on an “as-needed” basis and do not have a guaranteed number of working hours. The contract outlines the terms of employment, including hourly rates, working conditions, and other relevant details. Casual employees may not have the same benefits and employment rights as permanent employees.

PROBATIONARY EMPLOYMENT CONTRACT

A probationary employment contract is used when an employer wants to assess an employee’s suitability for a permanent role. The contract includes a probationary period during which the employer evaluates the employee’s performance, conduct, and suitability for the position. The duration of the probationary period is usually specified in the contract, and it may vary depending on the nature of the role and the employer’s policies. The terms of employment, including salary and benefits, are outlined in the contract, and upon successful completion of the probationary period, the employee may be confirmed in the permanent role.

COLLECTIVE BARGAINING AGREEMENT (CBA)

A Collective Bargaining Agreement (CBA) is a contract negotiated between an employer and a trade union on behalf of its members. The agreement has to be submitted to the Director of Mediation Services, as outlined in the Alberta Labour Relations Code. CBAs are commonly used in unionized workplaces, where the union and the employer engage in collective bargaining to determine the terms and conditions of employment. These agreements cover various aspects of employment, including wages, benefits, working hours, leave entitlements, grievance procedures, and more. The terms of the CBA apply to all employees covered by the agreement.

When to Have Your Contract Reviewed

NEW EMPLOYMENT

When starting a new job, especially in a senior or executive position, it is crucial to have an employment lawyer review the document. This ensures that the terms and conditions are fair, reasonable, and aligned with industry standards. Employment contract review lawyers can assess the contract’s language, provisions related to compensation, benefits, bonuses, termination clauses, non-compete agreements, and intellectual property rights.

NON-STANDARD CONTRACTS

If you receive an employment contract that includes non-standard or unusual provisions, it is essential to consult with a lawyer. This includes contracts with non-disclosure agreements (NDAs), non-solicitation clauses, non-compete agreements, or contracts that contain intricate provisions regarding intellectual property, inventions, or proprietary information.

CHANGES TO EXISTING CONTRACTS

If your employer proposes changes to your existing employment contract, whether due to promotions, transfers, changes in responsibilities, or organizational restructuring, a lawyer specialising in employment contract review can review the proposed amendments. When lawyers specialise in employment law, they can provide valuable guidance and ensure that the changes are fair, protect your rights, and do not adversely affect your employment conditions.

COMPLIANCE WITH EMPLOYMENT LAWS

Employment laws and regulations are subject to change, and it can be challenging to keep up with the latest legal requirements. We can help ensure that your employment contract complies with applicable provincial, federal, and industry-specific laws and regulations. They can ensure that your contract includes all necessary clauses and provisions required by law.

DISPUTE RESOLUTION AND NEGOTIATIONS

If you find yourself in a dispute with your employer over the terms of your employment contract, such as issues related to compensation, benefits, non-compete agreements, or termination, an employment contract review lawyer who specialises in employment law can provide guidance. They can evaluate the situation, advise you on your rights and options, and represent your interests during negotiations or in legal proceedings.

PROTECTION OF YOUR INTERESTS

An employment contract review lawyer’s primary objective is to protect your interests and ensure that your rights are safeguarded. They can identify any unfair or disadvantageous clauses in your contract and advise you on how to address those concerns effectively. They can also suggest modifications or alternative provisions that better align with your needs and expectations.

Choose the Right Lawyer to Review Your Employment Contract

The employment contract review lawyers at DLegal assist employees and employers in Alberta and have extensive experience and expertise in reviewing, negotiating, and drafting employment contracts. They can provide you with personalized advice based on your specific circumstances, industry practices, and applicable laws. They will help you make informed decisions about your employment contract so that you can start your exciting new job with peace of mind.

Reach out to our employment lawyers today to get started with your workplace-related legal matters.

 
Lawyer & Notary
Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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