Employees enjoy greater protection in the workplace than, for example, independent contractors. The status of an employee is therefore crucial in determining the rights and obligations attributed to the parties. Employers with FMLA-eligible employees have specific rights and obligations under the law. Find out how different types of employers can be covered by the FMLA. However, if the employee invents something other than what he was hired to do, the patent belongs to the employer only if the invention was made in the course of his employment: if the invention was made during working hours, if the invention is in the nature of the employer`s business and if the employee has been entrusted with tasks similar to those of the subject matter of the invention. If your employer dismisses you because you asked for the written terms of your employment, you can apply for an automatic unfair dismissal. It is illegal for an employer to deduct money from an employee`s paycheck to compensate for an accidental error, lack of money, or breakage (in other words, a loss caused by a simple mistake or accident). To make a statutory deduction, the employer must prove that the error, lack of money or breakage was caused by dishonesty, wilful misconduct or gross negligence on the part of the employee. In most professions, it is also illegal for an employer to deduct the cost of a uniform or tools (exceptions are tools or equipment used in certain professions or trades, and equipment used by hairdressers, hairdressers and manicurists). When your agreement with an employee is put in writing, everything is much clearer and, above all, much stronger.

However, this peace of mind is not reserved for the employer. Under the applicable law (see Preface 20), the employer and the plaintiff can negotiate almost any working arrangement. The term “terms and conditions of employment” means such things as wages, meals, accommodation, hours of work, safety rules, workload and schedules, breaks, vacation and vacation, sick leave, promotions and transfers, hiring process, admissible grounds for dismissal, grievances and arbitration, layoffs, retraining, severance pay, subcontracting, plant moves, partial closures and cessation or sale of the business. if applicable. “(a) A provision in a contract of employment which provides that a worker must assign or offer to his employer one of his rights in an invention does not apply to an invention which the worker has entirely developed in his spare time without using the employer`s equipment, supplies and facilities. or information on trade secrets, with the exception of inventions that are: The vast majority of collective agreements today provide for an impartial arbitrator who hears and decides complaints; The union usually represents the union member, but may selectively decide not to represent the union member if the union member pursues his or her complaint inappropriately. If the employer refuses to comply with an arbitration agreement, the employee has two options: bring an economic action through the union or sue for breach of contract. For an analysis of ADR, see VQ 440. However, from a legal point of view, that declaration does not constitute a formal contract of employment. But it has to contain a lot of information that you would have to provide in this contract anyway. Over the years, the courts have created exceptions to the presumption of intent to mitigate the sometimes severe consequences.

The three main common law exceptions are public policy, implied contract and implied covenant in good faith. If you are an employer who has concerns about incorrect FMLA leave, contact Payroll and Hours with any questions about FMLA compliance and seek advice from your company`s legal and human resources departments. Be sure to keep all documents you received from your employer. The plaintiff, a painter, is invited to go to the HIJ paint store to pick up six gallons of paint, painting “desert sand.” He accidentally picks up six gallons of “Sahara sand,” barely the right color away. He paints the rooms with the wrong color and the owner approves of his work. However, his employer noticed the name of the paint that was applied and refuses to pay for it because he used the wrong color. While the plaintiff may have slightly violated the contract, his employer was not harmed because the landlord liked the color and paid the bill. This minor breach would not constitute grounds for termination. As described above, the conclusion of an employment contract consists of an agreement on essential matters, with possible acceptance by the applicant and the employer. The conclusion of a contract consists of three parts, two of which are discussed here.

The applicant or employer may make an offer of contract. An offer is defined as a current expression of intent to be bound if the contract is accepted. The employer, the employee and the union are all bound by the union agreement (collective agreement). When you start creating written contracts for your employees, it`s a very good idea to seek expert advice – it`s one of those areas where you simply can`t afford to go wrong. For practical and reliable assistance in all questions concerning employment contracts, consult our personnel consulting firm. Our in-house HR experts are available for live chat and email support whenever you need it. For the same reason, the employer has a responsibility not to disclose certain information that is brought to its attention. In 1988, section 1026 of the Labour Code was added to require employers to take appropriate measures to protect the privacy of workers when they participate in a rehabilitation program. Otherwise, it violates the employment contract, even though the employee assistance program is not a negotiated condition of employment. In addition to the wording of the law itself, according to which the employee can seek redress in the event of a violation, some collective agreements provide for arbitration in the event of a violation of labour secrecy. Moreover, if there is an express term that says otherwise, the express term prevails. For example, if you`ve worked 25 hours a week for the past two years, but your contract specifically states that you`ll work 30 hours, you`re required to work 30 hours a week, unless your boss specifically agreed to change your work hours.

A minor breach is less serious than a serious breach and does not entitle a party to treat the contract as terminated. In some cases, the minor violation may be forgiven or “tolerated” by one of the parties. A fixed-term contract specifies a date on which it ends. If you have a fixed-term contract, your employer should not treat you differently from a permanent employee just because you are a temporary employee. They have the same legal rights as permanent employees. Implied conditions impose obligations on both employers and employees.