Contract of Employment: Civil code has ~3300 articles, contains all civil/general laws of Quebec. Contract of Employment is a portion of the code.
 “what it’s all about.” An employee:
Contractor: No direction and control, contractor sets his own daily schedule, vacation schedule, provides his own tools (e.g. computer), is able to subcontract work. o e.g. lawyer: is hired as an agent/agency, does not direct/control
• Important to specify between the two: employees have deductions withheld at source, contractors do not • EER’s can be fined (and EEE’s assessed) if EER mislabels an EEE as a contractor and fails to withhold deductions
 contract can be for a fixed period of time or indefinite (open-ended)
 Obligations of the EER to the EEE:
1. To provide the work
2. To pay for the work
3. To protect the health, safety (e.g. protective clothing), dignity of the EEE
 Obligations of the EEE to the EER
1. work with prudence/ diligence
2. work faithfully/ honestly (i.e. won’t lie, place EEE interests ahead of EER) 3. protect confidential info (“a proprietary right”) • All employee sanctions stem from this
• Extends for a reasonable amount of time after employment ends • “The fiduciary duty” = trust
• “Obligations of Trust” = the trust that one has in his significant other
 Non-competition clause
• If you leave/ fired for a reason there can be prohibitions on where you can work • The Shake Test: 5 steps to proving validity of a non-competition clause (the answer to each step must be “yes” for the clause to be valid; burden of proof on EER) 1. Is it in writing? (cannot be verbal)
2. Does it specify time/ place/ type of employment?
3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?) ▪ Burger flipper = EEE talent
▪ Game developer = EER paid for EEE to develop intellectual property 4. Are the limitations from (3) reasonable?
▪ E.g. appropriate place? (North America covers a lot of ground) ▪ E.g. time? (one year is not reasonable if lifetime of software is ≤ six months) ▪ E.g. type of employment?
5.  If you’re fired without cause cannot invoke a non-competition clause:
 Implied renewal of employment contract within five days of contract expiry date • After five days contact is extended indefinitely
 indeterminate term: either side can end at any time providing reasonable notice is given, don’t need cause o Reasonable notice depends on:
▪ How long has EEE been on the job
▪ What the EE was doing while he was there
 You can get indemnity in lieu of reasonable notice • you can’t waive your right to deserved indemnity if the length of time for the notice wasn’t reasonable or the compensation was insufficient • (i.e. your EER can’t make you sign a paper saying that you won’t sue for more appropriate compensation)
 When EER dies, if the business continues on then the EE’s contract continues on
 Serious reason
• How to terminate a fixed term contract?
• Pay off contract (if no serious reason)
 Limits the info released by the EER on the EEE
• Certificate of employment
o Showing Nature and Duration of employment
o Identities of the parties
 EEE’s contract is still in effect after a buyout, etc. (“binding on successor”)
 EER is responsible for EEE’s damages
• For the EER to be responsible, must prove:
1. person is an EEE (as per  – EER directs and controls person) 2. person is at work at the time of the injury
• “vicarious liability”
 punitive damages calculation
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