Most readers already know that in order to have a binding agreement, there must be “consideration” flowing both ways. In other words, each party must receive some sort of benefit; although I rarely invoke Latin, I do like to refer to the need for a quid pro quo in this context.
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”
Employment Lawyers often say that the two riskiest parts of the employment relationship are the hiring stage and the dismissal. Each of these raise their own specific sets of risks, but one commonality is that it is often easy for the candidate or employee to allege that they were discriminated against on the basis of a protected ground under Human Rights legislation.