Why You Need an Employee Contract
Many issues can arise when you act as an employer. You may have a problem employee such as one who never shows up on time or one who doesn’t work up to your standards. If you fire them, new issues can arise if the employee decides to challenge you. When you have an employee contract in place, you have more protection if the Employment Standards Branch becomes involved. What exactly should be in this contract and how should it be worded to ensure you are covered if a situation does arise? If you are concerned about creating this document yourself, a professional trained in labor law can be of great assistance.
Under the Employment standards act, employees are entitled to basic conditions of employment and basic standards of compensation among other things. Who determines what these conditions should be and what the standards of compensation are? A contract should spell this out so there are no questions if a dispute does arise. The same is true of the responsibilities of the employee. The contract should list the responsibilities so the employee cannot say he was unaware of what he was required to do under this job. The third advantage is that using an employment contract supports communication and clarity for both the employer and the employee.
Another area that should be detailed in the employee contract is any trade secrets and reputation guidelines that your company has in place. If you have a confidentiality clause, it will need to be spelled out here and the same is true of privacy language. No company wants to keep a disgruntled employee just to ensure he or she does not share information. If you find you have to let an employee of this type go you will feel more comfortable doing so with a contract in place. If they do violate the terms of the contract, you have a stronger legal standing when you go to seek recourse or if they refuse to cooperate.
You may feel that you can write a contract of this type without assistance. If you decide to go this route, you have to ensure that you understand the employee standards act and what it requires. The wrong wording can lead to the employee winning a dispute and your business being harmed as a result. A good contract will spell out everything from the employment standards for your province to harassment language and a required notice to end employment. You need these protections in place. Labour disputes are never fun or easy and your business could be irreparably harmed or lost completely.













