This New Employment Contract For Existing Employees is designed for use when an organization needs to update or formalize employment terms with current employees in Canada. It's particularly relevant during corporate restructuring, policy updates, or when transitioning from informal to formal employment arrangements. The document carefully preserves or enhances existing employment terms to avoid constructive dismissal claims while incorporating current legal requirements and best practices. It addresses key areas including compensation, benefits, duties, confidentiality, and termination provisions, ensuring compliance with both federal and provincial employment standards. This template is structured to maintain continuity of employment while providing clear documentation of the updated employment relationship.
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1. Parties: Identification of the employer and employee, including legal names and addresses
2. Background: Context of the new agreement, including reference to existing employment relationship and reason for new contract
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, responsibilities, reporting relationships, and any changes from current role
5. Term and Hours of Work: Employment duration (if not indefinite), regular working hours, overtime arrangements
6. Compensation: Base salary, payment schedule, and reference to continuation of existing pay rate
7. Benefits and Vacation: Health benefits, insurance, vacation entitlement, and other standard benefits
8. Confidentiality: Protection of company confidential information and trade secrets
9. Intellectual Property: Ownership of work product and innovations created during employment
10. Non-Competition and Non-Solicitation: Restrictions on post-employment competition and solicitation of employees/clients
11. Termination: Grounds for termination, notice periods, and severance provisions
12. Governing Law: Specification of Canadian law and relevant province
13. Entire Agreement: Integration clause and relationship to previous agreements
14. Acknowledgment: Employee acknowledgment of understanding and agreement to terms
1. Remote Work: Terms for working from home or remote locations, if applicable
2. Commission Structure: For sales or commission-based roles
3. Equity Compensation: For positions including stock options or other equity-based compensation
4. International Travel: For roles requiring international travel
5. Performance Bonus: Structure and terms of any performance-based compensation
6. Professional Development: Terms for training, education, and professional certifications
7. Flexible Benefits: If offering flexible or cafeteria-style benefits plans
8. Relocation: Terms for any required relocation
9. Vehicle Allowance: For positions providing company vehicles or car allowances
10. Severance Enhancement: Additional severance terms beyond statutory minimums
1. Schedule A - Compensation Details: Detailed breakdown of salary, benefits, and any changes from current compensation
2. Schedule B - Job Description: Detailed description of role, responsibilities, and performance expectations
3. Schedule C - Benefits Summary: Comprehensive list of benefits and eligibility criteria
4. Schedule D - Company Policies: Reference to key company policies that form part of employment terms
5. Schedule E - Confidential Information: Specific details of what constitutes confidential information
6. Appendix 1 - Previous Employment Terms: Summary of key terms from previous employment arrangement being preserved
7. Appendix 2 - Change Summary: Summary of changes between old and new employment terms
Relevant legal definitions
Agreement
Base Salary
Cause
Company
Compensation
Confidential Information
Effective Date
Employee
Employer
Intellectual Property
Original Start Date
Previous Agreement
Company Property
Competitive Business
Conflict of Interest
Work Product
Permitted Disclosure
Personal Information
Regular Hours of Work
Reporting Manager
Restrictive Period
Territory
Trade Secrets
Termination Date
Vacation Year
Variable Compensation
Workplace
Base Salary
Cause
Company
Compensation
Confidential Information
Effective Date
Employee
Employer
Intellectual Property
Original Start Date
Previous Agreement
Company Property
Competitive Business
Conflict of Interest
Work Product
Permitted Disclosure
Personal Information
Regular Hours of Work
Reporting Manager
Restrictive Period
Territory
Trade Secrets
Termination Date
Vacation Year
Variable Compensation
Workplace
Clauses
Parties
Background
Definitions
Employment Continuation
Position and Duties
Term
Hours of Work
Compensation
Benefits
Vacation
Expenses
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Health and Safety
Data Protection
Company Property
Performance Review
Probation
Termination
Notice Period
Severance
Garden Leave
Return of Property
Governing Law
Assignment
Severability
Amendment
Entire Agreement
Acknowledgment
Survival
Force Majeure
Notices
Independent Legal Advice
Background
Definitions
Employment Continuation
Position and Duties
Term
Hours of Work
Compensation
Benefits
Vacation
Expenses
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Health and Safety
Data Protection
Company Property
Performance Review
Probation
Termination
Notice Period
Severance
Garden Leave
Return of Property
Governing Law
Assignment
Severability
Amendment
Entire Agreement
Acknowledgment
Survival
Force Majeure
Notices
Independent Legal Advice
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Mining
Energy
Telecommunications
Transportation
Hospitality
Real Estate
Media and Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Product Development
Quality Assurance
Business Development
Corporate Communications
Facilities Management
Relevant Roles
Chief Executive Officer
Director
Manager
Supervisor
Senior Analyst
Project Manager
Sales Representative
Administrative Assistant
Technical Specialist
Professional Staff
Operations Manager
Department Head
Team Lead
Executive Assistant
Senior Consultant
Account Manager
Human Resources Manager
Financial Analyst
Software Developer
Research Specialist
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