Employment contract template

An employment contract is a legal agreement between an employer and an employee that defines the terms and conditions of employment. It outlines the role, compensation, work schedule, obligations, and termination conditions.

It is not mandatory, but strongly recommended. Without a written contract, the minimum rules of the Act Respecting Labour Standards apply, which can limit the employer's flexibility for elements not covered by law.

Although the law governs many aspects of the employment relationship, a written contract helps clarify expectations, reduce the risk of disputes, and address elements not automatically covered by law.

It typically includes the position, job description, salary, benefits, work schedule, vacation, confidentiality, intellectual property, and termination conditions.

Absolutely. The contract cannot provide conditions below what the Act Respecting Labour Standards guarantees: minimum wage, vacation, statutory holidays, and termination rules. If a clause provides less than the law, the law applies and the clause is void. The contract serves to go beyond the law and govern what it does not cover.

Yes, but these clauses must meet strict criteria to be valid in Quebec: reasonable duration, territory, and scope. Proper drafting is essential to ensure enforceability. For sensitive situations (technology, trade secrets), Barricad Avocats can assist with custom drafting.

In Quebec, non-compete clauses are valid but must be reasonable. Courts evaluate three criteria: duration (generally 1 to 2 years maximum), territory (limited to the area where the employee actually worked), and the nature of prohibited activities (must be sufficiently specific). An overly broad clause will be reduced or voided. The Lexstart template includes a standard clause, but for sensitive businesses (technology, trade secrets), custom drafting through Barricad Avocats is recommended.

Yes. A confidentiality clause is strongly recommended to protect sensitive information, client data, and trade secrets.

Yes, and it is strongly recommended if the employee creates content, code, designs, or any other material as part of their duties. Without an explicit clause, ownership of these creations can be ambiguous. The IP assignment clause ensures everything the employee creates in the scope of their work belongs to the corporation. The Lexstart template includes this optional clause.

Yes. The clause should specify how long data is retained and how it is secured or deleted at the end of that period.