Welcome to Omnipresent’s guide on tailoring Canadian employment contracts. Our goal is to simplify the customization process while ensuring legal compliance and operational efficiency. This article will guide you through various options to align your employee contracts with the unique needs of your business.
Customizable elements:
Contract terms
Contract Duration: Options include indefinite, fixed-term, or part-time contracts.
Seniority recognition: You can acknowledge an employee’s previous years of service. However, if the person was previously hired as a contractor, we will not be able to recognise the seniority.
⚠️ Keep in mind that the recognition of seniority will have an impact on the length of notice periods. As service length increases, so does the statutory notice period, potentially impacting termination conditions.
Probation periods: Depending on the province where the employee will be residing you can set a period between 1 to 6 months to assess role suitability.
Notice period: Tailor the length according to service duration, respecting statutory minimums.
Place of work: Decide between remote work or occasional office attendance.
Compensation and perks:
Additional allowances: Offer specific monthly allowances (e.g., wellness, internet).
Joining bonus: Provide a sign-on bonus, compliant with Omnipresent’s standards.
Bonuses: Offer a fixed annual amount or percentage of annual earnings.
Variable compensation: Include commissions, or other compensation plans.
Annual leave: Options from statutory entitlement to unlimited time off, with customizable carryover policies.
Sick leave: Options from statutory sick leave to enhanced terms.
Items for separate side agreements:
Equipment provisions: Agreement on equipment to be made outside the contract.
IP/Confidentiality clauses: Standard clause included; customization requires a separate agreement.
Reimbursement of expenses: Not specified in the contract.
Equity/Stock Options: Agreement on stock options to be made outside the contract.
Parental leave: Facilitate enhanced maternity, paternity, and parental leave entitlements. Although we can facilitate this, it will not be mentioned in the employment contract.
Employee Travel: Occasional travel is covered by the employment contract and subject to legal and operational feasibility. All related details and expenses are to be covered by the client.
Non-customizable areas:
Backdating start dates: Not permissible to cover work prior to joining Omnipresent.
Salary in foreign currency: Salaries are provided in CAD as per local regulations.
Overtime payments: Not included as per Omnipresent’s policy.
Payroll frequency: Fixed as fortnightly in Canada.
Salaries for hourly employees: Omnipresent currently does not support hourly salary structures.
⚠️ Important note: It's important to mention that while you have multiple options for customizing the content of the contract, any stylistic alterations to the contract’s format or presentation are not allowed. This measure is in place to maintain the standardization and legal integrity of the contract.
Frequently Asked Questions
Can I include night shifts in flexible work arrangements?
No, night shifts are not supported under flexible work arrangements.
Can I include restrictive covenants (non-competes) in the employment agreement?
Restrictive covenants are permissible only for employees in executive roles.
Conclusion
Omnipresent is committed to providing flexible, legally compliant employment contract options for your Canada-based employees. We hope this guide assists you in effectively customizing your contracts to suit your business needs.