The relationship between employers and employees is a fundamental one that should have a written agreement, known as a contract. It helps avoid disagreements and misunderstandings regarding what both parties intend. Unfortunately, despite the good intentions of employment contracts, sometimes cases tend to get a suit with the examples of drafted contracts in Vaughan. It is the case when parties show up dramatically dissimilar interpretations of the respective rights.
The key purpose of the paper is to outline all drafting errors and offer possible “fixes” if any errors occur.
Possible Pitfalls in the employment contract
Below are the common mistakes founds in employment contracts.
Error #1 - Lack of Consideration
While possibly less of a "drafting" mistake than a technical error, the most common procedure used by staff to avoid the ambit and scope of an employment contract is that the "consideration" doesn’t support the agreement. Consideration means a simple legal principle given by each party and receives something to create a binding contract.
Error #2 - Not Providing for Obsolescence
An employment contract must provide for obsolescence. And the obsolescence of the real employment agreement can be used when it comes to challenging employment contract enforcement. It is important for the time when an employee changes the position through the year since the agreement.
Error #3 - The incorrect use of the fixed term or fixed-task agreements
There are so many employment precedents structured to fix the terms and conditions of the employment agreement. Fixed-task or Fixed-term contracts are generally apt where employers have a logical basis that limits the terms of the agreement. Examples include:
- grant-based project with convinced completion dates;
- Maternity leave replacement;
- Hires for specific project or task;
- Time-limited transition requirements.
Error #4 - Sloppy Drafting
Some employment contracts state something to the effect of a dismissed employee who will receive "x weeks' notice every year of the service life or compensation in lieu.
The complication is that the "compensation in lieu thereof" is sometimes not defined appropriately.
Often employees enjoy a package as compensation, such as Retirement benefits, Base salary; Car allowance; either RRSP or pension contributions; Short- and long-term disability coverage; Health, dental, and prescription drug coverage, and more.
Contact an employment lawyer
Hopefully, you know the importance of an employment contract in Vaughan. Be sure there are no such errors in your contract. Take the help of an employment lawyer for the best peace of mind. Look for an efficient and experienced one. You can consider HTW Law for the service. Visit htwlaw.ca for details.
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