Ensure Digital Signature Legitimateness for Temporary Employment Contract in Canada

How to eSign a document: digital signature legitimateness for Temporary Employment Contract in Canada

welcome everyone this is our murmur stock from you council today we'll talk about negotiating employment contracts back in our parents time you may recall that you would get hired with one company and you will work for that company for the rest of your life and you will retire from there those days have long gone there was a study that I came across a few years ago that suggested that an average Canadian will go through about seven to nine different jobs in their lifetime and that was a few years ago and that has changed significantly even in the last in a few years because of the advancement in technology and the concept of full-time employment for the entire life is no longer valid so therefore this topic is crucial is fundamental for many many employees to understand how to negotiate their employment contracts before we begin the usual disclaimer that this course is not legal advice so if you have any specific questions you must contact a lawyer or paralegal so we'll start with point number one should you negotiate employment contracts or not and and I've given you one one reason at the outset that you will be going through several employments in your lifetime so obviously there is a reason that you should negotiate but there is another basic fact that you must understand and and that's the basic purpose of an employment contract the basic purpose of employment contract is to protect employers interest that is the core reason why an employer gives thousands of dollars to a lawyer to have that contract drafted the employees interest that are not laid out in an employment contract or really subsidiary to that but the fundamental reason why an employment contract is drafted is it put in writing and it has so many clauses in it is really to protect employers business and employers own interest so this is the most important reason why you should worry about what goes in that employment contract now the second question arises can you negotiate employment contract can you when you are at the receiving end you are just a small employee you are being hired by a multinational company a large bank and often times when they provide you with the job offered and if you ask any questions or raise any concerns the answer will be this is our standard employee offer and take it or leave it kind of impression that you get but you can absolutely negotiate employment contracts and and it this is something that we're going to talk about today there is a smart way to do that is a smart way to negotiate employment contracts and so there is there is you know will in our future lectures will talk about how do you negotiate negotiation as the skill is an art of its own and so there's a smart way to do it or you can just be you know you can be very direct about it and tell employer that these terms are not agreeable to you and you want different terms but I'll give you without getting into detail I'll give you two scenarios in which you can negotiate and what are the ways to do that so number one is when you have no employment contract so you're unemployed this is the first job you're getting and and you're excited about it and this is your first contract even in those cases you are able to go back to the employer and ask for certain changes in the employment contract terms whether it's salary whether it's bonus whether it's signup bonus whether it's more vacation anything that you may want to negotiate generally you're able to negotiate that but if it's your first contract and you are sheepish about going back to the employer and asking for something else then by all means accept the the employment contract sign on the dotted line and then that puts you in a situation where you now have an employment your employer so now you are in a position literally for the second contract to to negotiate the terms that you want because you already have employment you're working for a company you're getting paid so there's no sort of fire that is causing you to sort of run out and look for a job you actually go for a job that is appropriate for you that you believe is is he that provides the benefits and the remuneration that you're you deserve and this is the say it's a second contract that makes employers negotiate even in the first contract because employers understand that if they do not enter into a reasonable equitable relationship with that employee the employee will leave and so therefore for both of these reasons I believe that you absolutely can negotiate in employment contracts and you must and I'll give you an example from my own practice I mean I have in the last 10 years or so I have advised many many clients on negotiating their contracts most of them have been able to get something added to their contract because of their negotiation and sometimes they couldn't and they accepted whatever the offer was made to them and moved on and look for another job that will provide something better and in 10 years there was only one case where this was my long-standing employee and her and I had negotiated several contracts and she got a job offer from a multinational company making inroads in Canada for have any very seniors a sales position and I suggested that there should be certain changes and she very very politely put out an email saying that she reviewed the employment contract with a lawyer and there are a few things that she wanted to discuss and the employer simply woodrue the offer which was quite shocking to us I've never experienced that she had never experienced in our lifetime but so that that was the only example where the employer simply would drew the offer and we don't know why it could have been because she as she wanted to discuss or it could be for some other reason but to Lea's down the line she called me and she said I was she was so happy that she had not accepted that offer because that employer was now winding all of its operations in Canada and every single employee across Canada was using his or her job so so going back to yes you can negotiate and you must negotiate and you should not really worry about the consequences because if your employer employer really wants you for that position then they will come to terms which are just and fair for you in that employment relationship but you'll have to ask for it now what's the single most important thing that you want to negotiate and and so there's one thing that you must negotiate an employment contract what is it is it your salary and and the common answer will be yes I want to make sure that I get properly paid and my salary is what markets suggest or what a salary is what I am hoping for my answer is no the single most important thing you want to negotiate in your employment contract is your termination clause yes what happens to you when you lose that job when you are terminated that's the single most important thing want to negotiate so what is the best termination clause I'll briefly talk about it we'll have a separate lecture on termination clauses but what I can tell you from the outset in this lecture is that the best termination clause is no termination clause whatsoever so if you have an employment contract that does not talk about termination whatsoever awesome that's that's amazing you don't want to go back and say hey there's no termination clause I want you to put one no no if you're an employee there's no termination clause in the job offer that's amazing why because you get common law rights on termination you get reasonable notice of termination and what is that we have a lecture on that and kindly check it out and I will explain to you what common law reasonable notice is but what in essence what it means is your termination rights rights are highest when you have no termination clause in a majority of cases what is the second important thing or point number four is now should you now negotiate salary because that would sound right because you got the termination clause locked in now you want to worry about your salary and my answer is no the second most important thing is the post termination clause what is a post termination clause post termination clause is a clause obviously what happens to you after you are terminated so this clause indicates things that you cannot do even after your employment has ended so that's important so in employment contracts some of the examples are non-competition clause non-solicitation clause and all of these are called restrictive covenants and there could be variety of those clauses so the lesson you want to keep is that in an employment contract there are things that you can and cannot do during the length of your employment but you can have an employment contract that has clauses about things that you cannot do even after your employment has ended so you're not getting paid you're not getting salary from that employer anymore yet you are not allowed to do certain things so very very important for you to understand that and we'll have separate lectures on all of these clauses now we come to remuneration and their variety of things that you want to make sure you negotiate obviously salary bonus structure commissions if you're entitled to benefits and all of that so in summary the lesson that you kiba's that it is essential that you want to negotiate an employment contract why because we said that you may end up having seven or more jobs in your lifetime and you want to make sure that what you understand and negotiate what happens during those employments and what you are allowed or not allowed to do after those employments but another thing that you want to understand is what's happening in in this day and age is full-time employment is really going out of the door and what's happening is employers are hiring employees for individual tasks so employment is getting out of the door tasks are coming in so which is a concept of having independent contractors so if you are going to be hired by an employer to do certain tasks and you may end up having to work for multiple employers at the same time you absolutely want to make sure that you understand what is the employment contract or the independent contractor agreement that you're signing with that employer and you want to make sure that you negotiate those items in the in your benefit so hopefully this was helpful this is a very very broad topic very detailed very complex topics will have many more lectures on this but hopefully this gives you a basic sense of why you should negotiate employment contracts and what are some of the basic terms ask us questions contact us by email by comments on the YouTube channel and we'll be happy to add more information in the future lectures thanks for watching