THE NATURE AND SCOPE OF THE CONTRACT OF EMPLOYMENT

The formation of the contract of employment is not subject to any formalities: the simple agreement of will, validly occurring between two persons capable of contracting, is sufficient to form the contract (Art. 1385 and following of the Civil Code of Québec).

It should be noted that a corporation cannot be considered an employee[1].

Although a contract of employment may be oral or written, the stipulation of a non-competition clause must be written (Art. 2089 of the Civil Code of Québec).

The contract of employment is therefore subject to contractual freedom. As soon as the two (2) parties come to an agreement, the contract will be presumed valid, including all of the obligations agreed upon by the parties in the course of negotiation.

DID YOU KNOW…

Can a verbal offer of employment accepted by the employee bind the parties? Yes, the job offer verbally accepted by the employee binds the parties, even if the parties foresee writing the terms of the contract. This step is not conditional to the validity of the contract, but is a mere formality.

[1] Conseillers en informatique d’affaires CIA inc. c. 4108647 Canada inc., (C.A., 2012-03-22), 2012 QCCA 535, SOQUIJ AZ-50841710, 2012EXP-1270, 2012EXPT-696, J.E. 2012-692, D.T.E. 2012T-221, EYB 2012-204061.

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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.