An employment contract (or agreement) is a legally binding document that outlines the terms and conditions of an Alberta employee’s job, including responsibilities, compensation, and benefits. It’s a legal agreement between you and your employer that ensures both parties understand their rights and obligations.
Watch the video below from the Employment Law Show and read on to learn more about employment contracts and your rights in Alberta.
In Alberta, an employment contract usually includes details about your job, what you’ll be doing, how much you’ll be paid, when you’ll work, vacation time, and workplace rules.
It might also cover:
The following are clauses that an employer may include in an employment contract for an employee working in Alberta, Canada:
You can work for an employer in Alberta without a written job contract.
Even though a written agreement can make the employee-employer relationship clear, it’s not a must according to the law. The work arrangement can be based on an implied contract or a spoken agreement. These types of agreements are usually tougher to prove and enforce.
Even without a written employment contract, rights for employees working in Alberta are still protected in various ways by:
If you don’t have a signed employment contract, don’t panic! Your basic workplace rights in Alberta are still protected by government legislation and the province’s courts.
In some cases, you might find it more advantageous to work for a company without a signed employment contract. When there’s no comprehensive agreement in place, your employer’s ability to change specific aspects of your job in Alberta, such as your compensation, working hours, job responsibilities, and even your work location, becomes limited. Additionally, should you experience job loss, you could be entitled to a larger severance package in Alberta compared to what you might receive if you had signed a contract containing a termination clause.
You can choose not to sign an employment contract before starting a new job in Alberta. But keep in mind, this might affect whether the company still wants to hire you.
If you don’t want to accept a contract because it contains wording or clauses that you feel may hurt your rights, seek legal guidance before accepting it. The employment lawyers at Samfiru Tumarkin LLP can review your employment agreement. With extensive experience in analyzing thousands of contracts, our firm identifies areas of concern and can help shape terms that align with your needs.
You can – and should – have an Alberta employment lawyer at Samfiru Tumarkin LLP review your employment contract before you sign and return it to your employer.
An employee has the right to fully understand the contents of the agreement, how it will impact their employment, and to negotiate changes to the written document with their employer.
An employment contract serves the purpose of setting the foundational elements of an individual’s connection with a company. It lays the groundwork for factors such as pay, time off, duration of employment, job role and responsibilities, as well as work hours.
An employment contract or agreement can restrict, reduce or eliminate an Alberta employee’s rights in certain areas. The document may allow a company to make negative changes to an employee’s job, without their permission. If an individual doesn’t properly negotiate the terms of their agreement, it can give their employer more control over various aspects of the employer-employee relationship.
For example, an employment contract may contain a termination clause that cuts the amount of severance pay you get when you are fired down to the bare minimum amount. In some cases, this can reduce a potential severance package by tens of thousands of dollars.
Employment contracts are generally legally binding in Alberta and serve as formal agreements outlining the terms and conditions of the working relationship between an employer and an employee. Both parties are expected to uphold the terms stipulated within the contract.
However, it’s important to note that not all employment contracts in the province are enforceable. Several reasons can lead to an employment agreement being considered unenforceable:
Understanding the components that impact the enforceability of an employment contract is essential for both employers and employees. You should always talk to an employment lawyer at Samfiru Tumarkin LLP if you are uncertain about the legitimacy of your contract.
Your rights as an employee in Alberta are important, and they extend to situations where your current employer asks you to sign a new employment contract. It’s crucial to understand that while your employer can request this, you also have certain protections:
Your employer should approach you transparently when introducing a new contract. You have the right to ask questions, seek legal advice, and voice concerns before making any decisions. Remember that your rights matter, and seeking guidance from an employment lawyer at Samfiru Tumarkin LLP ensures you’re fully aware of your options and protected under the law.
Whether you’re facing an employment contract before a new job, a revised contract from your current employer, or job loss in Alberta, consult the employment contract lawyers at Samfiru Tumarkin LLP. Our experienced team of employment lawyers specializes in non-unionized employee agreements. We review contracts, assess severance offers, and ensure you receive the compensation you deserve.
Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across Alberta, B.C. and Ontario.
In addition to severance package negotiations, we can assist you on a broad range of employment matters in Alberta, including:
For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.
If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.
Talk to an employment lawyer in Alberta to find out what your rights are.