Managing employment contracts effectively in Quebec
Fixed or indefinite term
The contract of employment may be for a fixed or an indeterminate term (art. 2086 C.C.Q.). A fixed-term contract that continues for five days after its expiry without objection is tacitly renewed for an indeterminate term (art. 2090). Ending a fixed-term contract early without serious reason may oblige the employer to pay the remaining salary.
Essential clauses
- position, duties, place of work, hours;
- remuneration, benefits, bonuses, vacation (at least the minimum standards);
- probationary period (no notice is owed under the ALS during the first 3 months of continuous service);
- confidentiality, intellectual property, non-competition (in writing, limited in time, place and type of work, art. 2089) and non-solicitation;
- termination and notice.
Modifying conditions
A substantial unilateral change to essential conditions (salary, duties, place) may amount to a constructive dismissal. Changes should be negotiated and documented in writing.
Termination
An employer may end an indeterminate contract by giving reasonable notice (art. 2091 C.C.Q.), which may exceed the minimum notice of the ALS. After two years of uninterrupted service, an employee dismissed without good and sufficient cause may file a complaint with the TAT (s. 124 ALS). Keep records: evaluations, warnings, discipline.
Language
Since 2022, an employment contract in writing must first be provided in French (Charter of the French language, s. 41), unless it is a contract of adhesion and the employee expressly requests another language after receiving the French version.
