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- Answer: Generally, an employer cannot insist existing employees sign a written employment contract without providing some new consideration or benefit to the employee. Quite innocently, the employer may be altering rights employees have gained through tenure. Therefore, insisting on a new written contract could amount to constructive dismissal.
www.hrreporter.com/focus-areas/employment-law/can-existing-staff-be-asked-to-sign-new-employment-contracts/317186Can existing staff be asked to sign new employment contracts?
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Can an employer make a current employee sign a new contract?
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Does a new employment contract have a value?
Jun 26, 2019 · Transitioning existing employees to new contracts, whether they be in writing for the first time or new written contracts with proper drafting, is tricky. In order for a contract to be valid, “consideration” must be given to the employee in exchange for their agreement to the terms.
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Mar 25, 2021 · What is ‘something of value’ to make an employment contract binding on an existing employee? Existing employees can sign and be bound by new, enforceable employment agreements, but only if they receive some concrete valuable benefit in return.
Jul 3, 2017 · Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer's main motive for having new contracts be signed is to protect the employer – not the employee.
Aug 22, 2019 · Employers often wish to enter new or updated employment agreements with existing employees. The driving force is typically that circumstances have changed, but it can also be that the employer simply wants different or additional terms.
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 .
Aug 18, 2021 · In reach it's decision, the Court held at para. 31 that “[c]ontinued employment, without anything more of value passing to an existing employee, is not consideration for a new promise disadvantageous to the employee.”
When presented with a new contract, employees should: Understand the Fresh Consideration: Find out whether there are any new terms that come with clear, tangible benefits beyond continued employment, to determine whether there is fresh consideration to make the new contract binding.