Employment Contract

No, you only need to list the locations the employee is expected to travel to regularly.

-Yes, the employee’s duties and responsibilities may change over time as they show strengths and weaknesses and gain work experience with the employer.
-You may wish to periodically update the contract to reflect any changes to the employee’s duties, such as during annual performance reviews.

A probation period is a set time, usually one to three months, when an employee is under direct supervision. The employee can be let go at any time during probation without cause. At the end of the probation period, the employee's performance is reviewed and if they pass their review, they continue employment as a regular employee.

A commission is usually written as a percentage of total units, sales, or profits (e.g. 5% of gross profits from wholesale orders). Provide all the details of the commission formula calculation, including the currency where appropriate.

Two weeks' vacation is the standard and popular choice for the majority of provinces. You should check with your province's or territory's labour laws to ensure you are meeting the minimum required vacation period.

-If your restriction is broader or longer than the court feels is reasonable, a judge may remove the clause from the contract or, in some jurisdictions, may reduce the clause to be reasonable.
-However, you should not rely on a judge to rewrite your clause. You should ensure that your restriction is reasonable.

Restrict former employee from communicating any of the employer's confidential information gained during employment.

Restrict former employee from recruiting any of the employer's current employees or contractors.

Restrict former employee from unfairly competing against employer.

Generally, the longer an employee has worked for an employer, the longer the required notice period. Most customers choose one or two weeks’ notice but the notice period must be greater than any minimum statutory requirements in your province.

A notice period is the length of time a party is notified of an action before it takes place. For example, an employer giving a two-week termination notice means the employee will be notified of the decision two weeks before the employment relationship ends.

In most provinces, the employment/labour standards allow for no notice of termination for fixed term contracts where the employee has been hired for a specific term or task of 12 months or less, unless the employer is ending the contract before its fixed term. Statutory notice will be required if the employee works beyond the date specified in the fixed term contract or the fixed term is for longer than 12 months or the employee is employed on a succession of fixed term contracts.

The statutory minimum notice of termination in Alberta is:

• 1 week after 3 months
• 2 weeks after 2 years
• 4 weeks after 4 years
• 5 weeks after 6 years
• 6 weeks after 8 years
• 8 weeks after 10 years

-In most jurisdictions, if there is sufficient cause, the employer may terminate the employee without providing notice or pay in lieu of notice. However, the employer must ensure that the reason for termination is properly communicated at the time of dismissal.
-Some examples of sufficient cause are dishonesty, disloyalty, insubordination, lateness/absenteeism, disruption of business of affairs, alcohol or drug use, incompetence, neglect of duty, criminal or immoral conduct, and sexual harassment. Note that the employer may ultimately have to prove to a court that there was sufficient cause for termination.

You should write your clauses using The Employer and The Employee to describe the parties involved in the contract. Avoid abbreviations and try to write one paragraph per clause.

If you are not sure when the Employment Contract will be signed, you can select Unsure. This will put a blank line in the document where you can write in the date when you are ready to sign.