1.1 What is an employment contract? [Student Manual, page 3]
1.1 What is an employment contract? An employment contract is an agreement between the employer and the employee.
In an employment contract, the employee agrees to work for the employer, and the employer agrees to pay the employee for the work done.
Other details can be in the employment contract, such as when and where the work is to be done, the salary to be paid, vacation, etc.
The employer and the employee decide what is in the contract. However, the employment contract is also subject to other laws in Quebec, including the Civil Code of Quebec, the Act respecting Labour Standards (labour standards law), worker’s compensation (CSST), etc.
These laws tell the employer and the employee what they must do, or not do.
Some people have a collective agreement. This means agroup of people has the same employment contract with their employer. You have a collective agreement when you belong to a union.
1.2 Does an employment contract have to be in writing? No, the employment contract does not have to be in writing.
A contract means two people have agreed to something.
There is an employment contract if an employee shows
up at work, does the work, and is paid by the employer.
It is important that both the employer and the employee
agree on what the employee is to do, and how much the
employee will be paid.
However, a written contract helps if there is a disagreement
about the contract. It is easier to prove what the employer
and employee agreed to if you have a written contract.
1.3 What does my employer have to do? Your employer has to:
You and your employer can change some of these conditions. For example, you might want to use your own tools.
The employer cannot change certain things, such as minimum wage, paid holidays or overtime.