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Canada: Contracts of employment

Original/updating authors: Nafisah Chowdhury, Jenifer Gentle, Andrea Johnson, Ashley Mitchell, Gordon Nekolaichuk, David Tsai and Zeinab Yousif, Miller Thomson

Consultant editor: Margaret Gavins, McCarthy Tétrault

Summary

  • The parties to the employment contract are, in all jurisdictions, prohibited from "contracting out" of minimum statutory standards. (See General)
  • There is no federal or provincial/territorial law that either requires employers to employ new recruits on a probationary period, or prohibits them from doing so. (See Probationary periods)
  • Employment contracts can be written or oral, for an indefinite or fixed term, and for full-time or part-time work. (See Types of contract)
  • There is generally no requirement that any employment contracts be concluded in writing, or that employers must provide employees with a written statement of their terms and conditions of employment. (See Written employment contracts)
  • For employees not covered by a collective agreement, the terms of the employment contract may generally be varied only by agreement between the employer and employee. (See Variation of contract)