Simplify your HR paperwork

When you hire someone. An employment contract sets the role, salary, hours, vacation, probation, confidentiality and termination terms. A clear, enforceable termination clause is the single most important provision, because without one the employee is entitled to common-law reasonable notice, which can far exceed the statutory minimum.

When you make an offer. An offer letter records the position, compensation, start date and conditions before the formal contract, and is often the document a candidate relies on to resign elsewhere.

When you protect the business. Confidentiality, non-solicitation and (rarely) non-compete clauses guard trade secrets and client relationships, but in Canada a restraint of trade is presumed void and is enforceable only if it is reasonable; some provinces, such as Ontario, now ban most non-compete agreements outright.

When an engagement ends. A termination letter, resignation acceptance or release records the date, the notice or pay in lieu and the final entitlements, which is essential if the parting is contested.

• Employment contracts and offer letters: role, salary, hours, vacation, probation and termination.
• Offer letters: position, compensation, start date and conditions of the offer.
• Confidentiality, non-solicitation and non-compete clauses: scoped to a legitimate business interest and the provincial rules.
• Termination, resignation and release letters: with notice or pay in lieu, reason where required and final settlement.
• Supporting HR documents: warning letters, variation letters and records of employment.

Employment in Canada is split between two regimes. Most employees are covered by the Employment Standards legislation of their province -- for example Ontario's Employment Standards Act, 2000 or British Columbia's Employment Standards Act -- which sets minimum wage, hours, overtime, vacation, public holidays and the minimum notice or termination pay. Federally regulated workplaces (banking, telecommunications, interprovincial transport and others) are instead governed by the Canada Labour Code. The statutory minimums cannot be contracted out of.

Common-law reasonable notice is the Canadian feature that surprises employers. Unless the contract contains a valid, enforceable termination clause that limits entitlement to the statutory minimum, a dismissed non-unionised employee is entitled to common-law reasonable notice, which depends on age, length of service, position and the chances of finding similar work and can run to many months. Drafting an enforceable termination clause is therefore essential -- and courts will strike one down if it could ever fall below the Employment Standards minimum.

Restrictive covenants and statutory benefits round out the picture. A restraint of trade is presumed void and is enforced only where it is reasonable, and Ontario's Working for Workers Act now prohibits most non-compete clauses, with narrow exceptions. Employers must also remit deductions for the Canada Pension Plan (CPP) and Employment Insurance (EI), issue a Record of Employment on separation, and respect human rights legislation on discrimination throughout the relationship.

• Drafted for provincial Employment Standards legislation and the Canada Labour Code.
• Built with common-law reasonable notice and enforceable termination clauses in mind.
• Reviewed by legal professionals, with a focus on clear rights, salary and notice.
• Ready to use as PDF and Word, so you can issue or adapt them immediately.
• Practical structure: guided fields for role, compensation, probation and notice.