This Non Fixed Term Employment Contract is designed for use in Canadian employment relationships where the intention is to establish an ongoing, indefinite period of employment. It serves as the primary document governing the employment relationship between organizations and their permanent employees, ensuring compliance with both federal and provincial employment standards legislation. The document is particularly suitable when hiring full-time or part-time permanent employees, as opposed to fixed-term or temporary workers. It includes comprehensive provisions covering essential employment terms, workplace policies, and protective clauses for both parties, while maintaining flexibility for long-term employment relationships. The agreement structure accommodates various provincial requirements while maintaining consistency with Canadian employment law principles.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, responsibilities, and reporting relationships
5. Term of Employment: Confirmation of indefinite term and start date
6. Probationary Period: Length and terms of the probationary period
7. Compensation: Base salary, payment frequency, and review process
8. Hours of Work: Regular working hours, overtime expectations, and flexible work arrangements
9. Benefits: Health benefits, insurance, and other standard benefits
10. Vacation: Vacation entitlement and scheduling process
11. Statutory Holidays: Recognition of public holidays and payment terms
12. Sick Leave: Sick leave entitlement and notification requirements
13. Confidentiality: Protection of company confidential information
14. Intellectual Property: Ownership of work product and innovations
15. Non-Solicitation: Restrictions on soliciting employees or customers
16. Termination: Grounds for termination and notice requirements
17. Governing Law: Applicable Canadian jurisdiction
18. Entire Agreement: Integration clause and amendment process
1. Non-Competition: Restrictions on working for competitors - include only if reasonable and necessary for business protection
2. Remote Work: Terms for working from home or remote locations - include if remote work is permitted
3. Commission Structure: Details of sales or performance-based compensation - include for sales or commission-based roles
4. Equity Compensation: Stock options or share grants - include if offering equity compensation
5. Travel Requirements: Travel expectations and reimbursement policies - include if regular travel is required
6. Personal Data Processing: Consent for processing personal information - include if collecting substantial personal data
7. Language Requirements: Language proficiency requirements - include in Quebec or if specific language skills are required
8. Secondment Terms: Terms for temporary assignment to other locations/entities - include if secondment is possible
9. Vehicle Allowance: Terms of company vehicle or car allowance - include if offering vehicle benefits
10. Education and Training: Professional development and training commitments - include if offering specific education benefits
1. Schedule A - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule B - Compensation Details: Comprehensive breakdown of salary, benefits, and other compensation elements
3. Schedule C - Company Policies: Key workplace policies including code of conduct, IT usage, etc.
4. Schedule D - Benefit Plans: Details of health, dental, and other insurance coverage
5. Schedule E - Bonus Plan: Performance bonus structure and calculations
6. Schedule F - Equity Plan: Details of any share options or equity participation
7. Appendix 1 - Confidentiality Agreement: Detailed confidentiality obligations and procedures
8. Appendix 2 - Emergency Contacts: Employee's emergency contact information
9. Appendix 3 - Required Certifications: List of required professional certifications or licenses
10. Appendix 4 - Workplace Safety Procedures: Safety protocols specific to the role
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