The pandemic has changed everything. It has proven that traditional arguments of employees being unproductive at home, that business profit will suffer and that the workforce will fall apart are all old-school assumptions.
Canada’s unemployment rate is very low at the moment and employers in many different industries are therefore finding it very difficult to fill vacant positions.
Enter the typical employment contract which is usually one sided in favour of the employer. In the past, employees may not have read them too carefully and those that did typically held their collective noses and signed. Now employees are in a much better negotiating position.
So the question becomes: Does using your standard employment contract put you at a competitive disadvantage in a tight job market.
For example, how does a prospective employee in this job market view a probationary clause and do you really need one?
Similarly, how will many (perhaps most) potential job applicants react to an offer which requires them to attend at the office 5 days a week when they are now accustomed to working remotely?
Often an employer uses … Continue reading “Impact of employment contracts on hiring in a tight job market”
It is important for employers to keep in mind that the words in employment contracts have meaning. Moreover, where it is the employer that has drafted the contract and sought the requested terms, in the event of a later dispute over said terms, it is likely the courts will give effect to the logical, common sense meaning of the contractual language and interpret any ambiguity in the employee’s favour.