Part-time CDI model: what are the advantages for the employer?

1. Part-time open-ended contract agreement

Between the undersigned :

The Employer :
[Company Name], a corporation duly incorporated under the laws of the Province of Quebec, having its head office located at [full address], represented for the purposes hereof by [representative’s name], in his capacity as [representative’s title].

Hereinafter referred to as “the Employer”

And

The Employee :
[Surname and first name], born on [date of birth], residing at [full address], social insurance number: [employee’s SIN].

Hereinafter referred to as “the Employee”

Preamble:
The parties hereby agree to the establishment of a part-time indeterminate employment contract, in accordance with the provisions of the Act respecting labour standards in Quebec (RLRQ, c. N-1.1), and the specific needs of the Employer.

The purpose of this agreement is to precisely define the Employee’s working conditions, while ensuring the organizational flexibility required by the Employer.

It is therefore agreed as follows:

2. General provisions of the part-time employment contract

Starting date

This contract comes into force on [start date]. From that date, the Employee undertakes to provide his services to the Employer in accordance with the terms and conditions set out below.

Nature and duration of the contract

The contract is entered into for an indeterminate term, in accordance with the rules established by the Act respecting labour standards in Québec. It may be terminated by either party in accordance with the conditions of termination provided for by current legislation and those set out in the dedicated section of this contract.

Duties and responsibilities

The Employee will occupy the position of [job title]. He undertakes to perform his duties in a professional and thorough manner and in accordance with the Employer’s instructions. He may be entrusted with any related task reasonably connected with his position, in line with the company’s operational requirements.

Weekly working hours

The Employee will work a part-time schedule, for a total of [number of hours] hours per week. These hours will be distributed according to a pre-established schedule, subject to any changes required for organizational purposes. The Employer undertakes to give the Employee reasonable notice of any change in the work schedule, in accordance with section 59.0.1 of the Act respecting labour standards.

Place of work

The Employee will perform his duties primarily at the following address: [address of workplace]. However, in the event of operational necessity, occasional or temporary travel may be required by the Employer, to locations compatible with the nature of the position.

Remuneration

In consideration of the work performed, the Employer will pay the Employee a remuneration of [amount in dollars] CAD gross per hour. Payment of such remuneration shall be made on a [weekly, bi-weekly or monthly] basis, by bank transfer or cheque, as selected by the Employer. Any change in remuneration shall be the subject of a written amendment signed by both parties.

Employee benefits

The Employee will be entitled to the benefits provided by the Employer’s internal policy applicable to part-time employees. These include, in particular, access to statutory vacations, a group insurance plan if applicable, and any work-life balance measures offered by the company.

Trial period

A trial period of [duration in weeks or months] is provided for in order to assess the Employee’s suitability for the position and the organization. During this period, either party may terminate the contract, subject to the notice period stipulated in the Act respecting labour standards.

Availability for overtime

The Employee may be asked, on an exceptional basis, to work overtime. Such overtime may not exceed the legal maximum weekly working time. The Employee is free to accept or not. In the event of agreement, these hours will be remunerated at the usual hourly rate, unless otherwise stipulated in a collective agreement or internal regulations.

3. Special clauses and commitments of the parties

Confidentiality clause

• The Employee undertakes not to divulge any confidential information that may come to his knowledge in the performance of his duties.
• This obligation remains in force even after the end of the contract, for a minimum period of 24 months, unless otherwise agreed in writing.
• Such information includes, but is not limited to, customer data, internal processes, strategy documents and financial information.

Non-competition clause (optional)

• If a non-competition clause is agreed, it must comply with the geographic, temporal and sectoral limitation criteria required by Quebec courts.
• Example: “The Employee undertakes, for a period of 6 months following the end of the contract, not to work directly or indirectly for a competing company within a radius of 50 kilometers of the Employer’s head office.”
• This clause is valid only if it is deemed necessary to protect the legitimate interests of the company.

Termination clause

• The contract may be terminated by either party, subject to reasonable notice or equivalent compensation, in accordance with article 2091 of the Civil Code of Quebec.
• In practice, a 2-week notice period is commonly recognized as reasonable when seniority is less than one year, in accordance with Labour Standards.
• Termination for just and sufficient cause (gross negligence, breach of contract, etc.) may result in immediate termination of the contract, without notice or compensation.

Applicable legal provisions

• The contract is governed by the provisions of Quebec’s Act respecting labour standards, in particular sections 41 to 93 concerning minimum conditions of employment.
• In the event of a dispute, the parties agree to refer to the competent Quebec courts.
• The contract must be interpreted in light of articles 2085 to 2097 of the Civil Code of Québec concerning employment contracts.

Final commitment of the parties

• The parties acknowledge having read, understood and accepted all the clauses of this contract.
• This contract constitutes theentire agreement between the parties and supersedes all prior agreements, oral or written.
• The contract is signed in duplicate, one copy being retained by each party.

Conclusion

The open-ended part-time contract offers a flexible, legally regulated solution for both employer and employee. It enables the employer to reduce costs, divide tasks according to needs andrapidly adapt his organization to fluctuations in activity, while respecting a protective framework for the employee.

For example, a retail business can hire a part-time employee to cover busy periods, while retaining the option of adjusting his or her schedule to suit the season.

From a legal point of view, several texts guarantee the validity and security of this type of contract:

• Civil Code of Quebec, articles 2085 to 2097, which define the obligations of the parties to the employment contract.
• An Act respecting labour standards (RLRQ, c. N-1.1), which governs schedules, vacations, overtime and termination conditions.
• Case law decisions such as Farber v. Cie Trust Royal, [1997] 1 RCS 846, which clarify the notion of termination without just and sufficient cause.

Practical tip: To avoid any disputes, it is advisable to have a detailed written contract signed, to keep proof of the schedule and toadjust the clauses to the specific context of the employment. Don’t hesitate to consult a lawyer to tailor the model to your specific needs.