GENERAL

The contract of employment is a contract to which two (2) parties negotiate the content, namely the three (3) main characteristics of which are summarized as follows:

  • Work performance;
  • Remuneration; and
  • Subordination.

The contract of employment is a named contract under the Civil Code of Québec and is governed by specific provisions contained in art. 2085 to 2097.

In addition, the contract of employment is subject to the general rules of the Civil Code of Québecapplicable to all contracts.

In virtue of art. 2085 of the Civil Code of Québec, the contract of employment contains three essential elements: a work performance provided by the employee, a remuneration paid by the employer in return for the work, and the subordination of the employee to the employer in the performance of the work.

The contract of employment is formed by the valid exchange of consent of the contracting parties with no further formalities required. The employee’s main obligations under the contract of employment are set out in the Civil Code of Québec and include: performing work with prudence and diligence, acting faithfully and honestly, and prevent the use and disclosure of confidential information obtained in the performance or in the course of employment. As for the employer, not only is he bound to allow the performance of the work agreed upon and to pay the remuneration fixed, but the employer is also responsible to take any measures consistent with the nature of the work in order to protect the health, safety and dignity of the employees.

It is ESSENTIAL, for the protection of both the employee and the employer, to draft an extensive legally binding contract of employment, which clearly sets out the terms, conditions, and obligations herein to avoid misunderstandings and give both parties absolute clarity concerning their rights and obligations.

The contract also specifies the limits of the duration and the modalities of its termination.

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.