Pre Hire Agreement Template for Canada

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Key Requirements PROMPT example:

Pre Hire Agreement

"I need a Pre-Hire Agreement for a senior software developer position in our Toronto office, including provisions for intellectual property protection and a three-month pre-employment assessment period starting March 2025."

Document background
The Pre-Hire Agreement is a crucial document in Canadian employment law that establishes the framework for the pre-employment relationship between an organization and a potential employee. It is typically used when there is a need to protect confidential information, establish conditions for employment, or set specific requirements that must be met before employment can commence. This document addresses various aspects including background checks, reference verifications, work permit requirements, and any conditional elements of the employment offer. The agreement ensures compliance with both federal and provincial employment standards while protecting the interests of all parties during the pre-employment phase. It is particularly important for positions requiring security clearances, professional certifications, or when dealing with sensitive information prior to the formal start of employment.
Suggested Sections

1. Parties: Identification of the prospective employer and candidate

2. Background: Context of the pre-hire agreement and intended employment relationship

3. Definitions: Key terms used throughout the agreement

4. Conditional Offer: Details of the employment offer and conditions that must be met

5. Pre-Employment Conditions: Specific requirements including background checks, references, and qualifications verification

6. Confidentiality: Obligations regarding confidential information accessed during the pre-employment period

7. Intellectual Property: Ownership and protection of IP during the pre-hire period

8. Duration and Termination: Timeline for meeting conditions and circumstances for termination of the agreement

9. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments

Optional Sections

1. Relocation Terms: Used when the position requires relocation, detailing any assistance or expectations

2. Work Permits and Immigration: Required for foreign workers, outlining visa requirements and responsibilities

3. Non-Competition: Used for senior roles or when access to sensitive information is granted pre-employment

4. Sign-On Bonus: When applicable, detailing any pre-employment financial incentives and conditions

5. Pre-Employment Testing: When specific tests or assessments are required before employment

6. Training Requirements: When pre-employment training or certification is necessary

7. Equipment and Resources: If any company resources are provided during the pre-employment period

Suggested Schedules

1. Schedule A - Position Description: Detailed description of the proposed role and responsibilities

2. Schedule B - Compensation and Benefits Summary: Overview of the proposed compensation package

3. Schedule C - Required Documentation: List of documents and verifications required from the candidate

4. Schedule D - Background Check Authorization: Forms and authorizations for background checks

5. Appendix 1 - Company Policies: Key company policies relevant to the pre-employment period

6. Appendix 2 - Confidentiality Terms: Detailed confidentiality obligations and protected information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Retail

Energy

Mining

Transportation

Telecommunications

Construction

Biotechnology

Consulting

Media and Entertainment

Relevant Teams

Human Resources

Legal

Recruitment

Compliance

Operations

Finance

Information Technology

Security

Risk Management

Talent Acquisition

Relevant Roles

Chief Executive Officer

Senior Manager

Department Director

Technical Specialist

Professional Services Consultant

Research Scientist

Software Developer

Financial Analyst

Medical Professional

Executive Assistant

Sales Director

Project Manager

Legal Counsel

Human Resources Manager

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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