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Provisional Contract Of Employment for Canada

Provisional Contract Of Employment Template for Canada

A Provisional Contract of Employment is a legally binding agreement used in Canadian jurisdictions to establish a temporary or probationary employment relationship between an employer and employee. The document outlines the terms and conditions of employment during an initial assessment period, typically ranging from 3 to 6 months, and must comply with both federal Canadian employment laws and applicable provincial regulations. It includes essential details such as job responsibilities, compensation, performance expectations, and conditions for transitioning to permanent employment, while incorporating necessary protections for both parties during the provisional period.

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Provisional Contract Of Employment

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What is a Provisional Contract Of Employment?

The Provisional Contract of Employment is designed for use when organizations in Canada wish to hire employees for an initial assessment period before confirming permanent employment. This document is particularly valuable for employers seeking to evaluate new hires' performance, cultural fit, and capabilities while maintaining legal compliance with Canadian employment standards. It typically includes comprehensive details about the role, compensation, performance expectations, and conditions for permanent employment, while incorporating necessary provisions from both federal and provincial employment legislation. The agreement protects both employer and employee interests by clearly defining the terms of the provisional period and the pathway to permanent employment, making it an essential tool for responsible workforce management and risk mitigation in the Canadian employment context.

What sections should be included in a Provisional Contract Of Employment?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the provisional contract

3. Definitions: Key terms used throughout the agreement including 'Provisional Period', 'Effective Date', etc.

4. Term and Provisional Period: Duration of the provisional period and conditions for permanent employment

5. Position and Duties: Job title, role description, and key responsibilities

6. Hours of Work: Standard working hours, schedule, and overtime expectations

7. Compensation: Base salary, payment schedule, and any guaranteed benefits

8. Performance Expectations: Specific goals, metrics, and evaluation criteria for the provisional period

9. Termination: Conditions for termination during the provisional period and notice requirements

10. Confidentiality: Protection of company confidential information and trade secrets

11. Governing Law: Specification of applicable Canadian provincial law

12. Entire Agreement: Standard clause confirming this document represents the complete agreement

What sections are optional to include in a Provisional Contract Of Employment?

1. Remote Work Arrangements: Terms for working remotely, if applicable to the role

2. Commission Structure: Details of commission or bonus schemes for sales or performance-based roles

3. Intellectual Property: IP assignment provisions for technical or creative roles

4. Non-Competition: Restrictions on working for competitors, if reasonable and necessary

5. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable

6. Travel Requirements: Terms related to business travel and expense reimbursement

7. Benefits: Additional benefits beyond statutory requirements, if offered during provisional period

8. Equipment and Resources: Provisions regarding company-provided equipment and resources

9. Training Requirements: Specific training or certification requirements during provisional period

What schedules should be included in a Provisional Contract Of Employment?

1. Schedule A - Job Description: Detailed description of the role, responsibilities, and reporting structure

2. Schedule B - Compensation Details: Comprehensive breakdown of salary, benefits, and any variable compensation

3. Schedule C - Performance Metrics: Specific KPIs and success criteria for the provisional period

4. Schedule D - Company Policies: Reference to applicable workplace policies and procedures

5. Schedule E - Confidential Information: Detailed list of what constitutes confidential information

6. Appendix 1 - Employee Handbook Acknowledgment: Confirmation of receipt and understanding of company policies

7. Appendix 2 - Emergency Contact Information: Employee's emergency contact details

8. Appendix 3 - Required Certifications: List of required professional certifications or qualifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions






















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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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