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Cannot be forced to accept
- An employer can offer a new employment contract to an existing employee, but the employee cannot be forced to accept. An employee’s refusal to accept a new employment contract is not cause for dismissal without pay. However, the employer may terminate the existing employment contract.
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Can I be forced to sign a new employment contract in Ontario?
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How do you change employment contracts in Ontario?
Can an employer make a current employee sign a new employment contract? You cannot be forced to sign a new contract against your will. Both you and your employer need to agree to the terms willingly. Your rights as an employee in Ontario are important, and they extend to situations where your current employer asks you to sign a new employment ...
Aug 18, 2021 · You are well advised to consult an an employment lawyer consultation before signing any new employment contract or contract amendments with your employer or you risk waiving substantive contractual rights to your detriment.
Contrary to some misconceptions, employers in Ontario cannot legally force you to sign a new employment contract.
- Why Have Employment Contracts at All?
- Employment Contracts Mitigate Against Risk
- Implementing Changes to Employment Contracts
- Conclusions
If you terminate an employee “without cause” you must provide them with reasonable notice or pay-in-lieu of notice. In the ordinary course, the length of notice is dictated by the ‘common law’ (judge made law). In deciding the length of notice, the Court considers: the character of their employment; length of service; age; and availability of simil...
A properly drafted employment contract is an insurance policy against the risks of employment by reducing the costs associated with termination. It is also easier to budget for turnover if you can more accurately predict what those costs will be. An employment contract may dissuade potential claims for wrongful dismissal and if, or when, litigation...
Where the terms of employment are being changed in some significant way, the Court calls this a “fundamental change”. Examples of fundamental changes include, among others, a reduction of hours or salary, geographical relocation, or a significant change in the roles and responsibilities of an employee. Where a fundamental change to employment is in...
It is prudent for an employer to implement and update their employment contracts. The consequences of not doing so are expensive. This can be accomplished in one of two ways, the first being to get employees’ consent and provide consideration for the change. The second is to give working notice of the change and implement that change upon the concl...
There is no legal obligation for an employee to sign a new employment contract. While employers may terminate the employment relationship, this must be done in accordance with the existing contract, all ESA entitlements, and proper notice must be given.
Nov 19, 2023 · Restrict an employee’s termination entitlements to the minimum set by law, like the Ontario Employment Standards Act, 2000 (the “ESA“). Safeguard the confidentiality of the employer’s proprietary information.
