At a glance
- Length
- Indefinite (no end date)
- Probation
- Usually 3 months; statutory notice starts after a qualifying period that ranges from 30 days to 6 months, depending on the province
- Notice to end employment
- At least the employment standards minimum for your province, often about 1 week per year of service up to 8 weeks
- Vacation
- At least 2 weeks a year in most provinces (3 in Saskatchewan), rising with service in many provinces
- Non-compete
- Banned in Ontario for most employees since October 25, 2021; elsewhere only if reasonable
- Language requirement
- Describe how each language is used and the level needed. In Quebec, a non-French language requirement must be justified by the duties.
- Language
- In Quebec, a written employment contract must be in French unless both parties expressly choose another language
Template
Replace the highlighted text in brackets. Delete optional clauses you don't need.
1. Parties
This Employment Agreement is made on [date] between [Employer legal name], operating as [business name, if different] (the "Employer"), with its address at [address], and [Employee full name] (the "Employee").
2. Position and start date
The Employer will employ the Employee in the position of [job title], reporting to [manager title], starting on [start date]. The Employee's main duties are described in Schedule A and may reasonably change over time as the business needs.
3. Language requirements
The position requires the Employee to work in [French and English]. The Employee will use [French] to [tasks, e.g. serve clients by phone and email] and [English] to [tasks, e.g. write reports and work with head office], at a [professional / advanced] level for speaking, reading and writing. [If the job is in Quebec: the Employer has assessed that these duties require knowledge of a language other than French.]
4. Probation
The first [3] months of employment are a probationary period. During this period, the Employer will assess the Employee's performance and suitability. If employment ends during probation, the Employee will receive the notice of termination or pay instead of notice, if any, required by [the employment standards legislation of the province where the Employee works].
5. Place of work and hours
The Employee will work at [work location / on-site, hybrid or remote in province] and will normally work [number] hours a week, [days and hours]. Overtime will be authorized in advance and paid, or banked where permitted, as required by employment standards legislation.
6. Pay
The Employer will pay the Employee a salary of $[amount] a year (or $[amount] an hour), less required deductions, paid [bi-weekly / semi-monthly] on [pay day] by direct deposit. Pay will be reviewed [annually].
7. Benefits
The Employee will be eligible for the Employer's [group benefits / RRSP matching / other] plans after [waiting period], according to the terms of those plans, which the Employer may change from time to time.
8. Vacation and holidays
The Employee will receive [number] weeks of paid vacation each year, and never less than the vacation and vacation pay required by employment standards legislation. The Employee is entitled to the public holidays, and holiday pay, required by the legislation of the province where they work.
9. Confidentiality and work product
During and after employment, the Employee will keep the Employer's confidential information private and use it only for their work. Work product the Employee creates in the course of employment belongs to the Employer, and the Employee will sign any documents reasonably needed to confirm this.
10. Non-solicitation
For [6 / 12] months after employment ends, the Employee will not solicit the Employer's clients that they dealt with in the last [12] months of employment, or encourage the Employer's employees to leave. [Note: do not add a non-compete clause for employees in Ontario unless they are an executive; elsewhere, have a lawyer review any non-compete.]
11. Ending employment by the Employee
The Employee may resign by giving the Employer [2] weeks' written notice. The Employer may waive all or part of the notice period and, if it does, will pay the Employee any amount required by employment standards legislation.
12. Ending employment by the Employer
The Employer may end the Employee's employment without cause by providing notice of termination or pay instead of notice, severance pay if applicable, and continuation of benefits during the statutory notice period, in each case as required by [the employment standards legislation of the province where the Employee works]. [Optional: In addition, the Employer will provide [number] weeks of base pay.] The Employer will never provide less than the minimum required by that legislation. If the Employee engages in conduct that disentitles them to notice and severance under that legislation, the Employer may end employment without notice or pay.
13. Return of property
When employment ends, the Employee will return all of the Employer's property, documents and devices.
14. Entire agreement and governing law
This Agreement, including Schedule A, is the entire agreement between the parties about the employment and replaces any earlier discussions. It is governed by the laws of [province] and the federal laws of Canada that apply there. If any part is found unenforceable, the rest of the Agreement continues to apply.
15. Signatures
The Employee confirms they had time to read this Agreement and the opportunity to get independent legal advice before signing.
Employer: [name, title] — Signature: __________ — Date: __________
Employee: [name] — Signature: __________ — Date: __________
Adapting the template
Hourly employees
Replace the salary with an hourly rate and describe scheduling, minimum shift lengths and how overtime is calculated in your province.
Commission or bonus
Add a schedule that explains how commission or bonuses are earned and paid, and what happens to unpaid amounts when employment ends. Vague bonus terms often end up in court.
Remote or hybrid
State the province where the employee will work, since that province's employment standards usually apply. Add our remote work agreement for equipment and expenses.
Federally regulated employers
Banks, telecoms, airlines, interprovincial trucking and other federally regulated businesses follow Part III of the Canada Labour Code, not provincial employment standards. Replace the references accordingly.
What employers miss
"Bilingual" isn't a job requirement
Write down which languages the job uses, for which tasks, and at what level for speaking, reading and writing. It helps you hire fairly, test the right skills and explain the requirement if it's ever questioned.
The termination clause is the clause most often struck down
Courts, especially in Ontario, refuse to enforce termination clauses that could give an employee less than the employment standards minimum in any situation, and one flawed clause can void the others. Avoid wording like "at any time" and "in the Employer's sole discretion", don't define "cause" more broadly than the legislation, and have an employment lawyer review this clause before you use it.
Sign before the first day
A contract signed after the employee starts work may be unenforceable unless the employee gets something extra in exchange. Send it with the offer and get it signed before day one.
Ontario's new-hire information rule
Since July 1, 2025, Ontario employers with 25 or more employees must give new employees written information before their first day, including the employer's legal name and contact details, where they'll work, starting pay, the pay period and pay day, and their anticipated hours.
Non-competes in Ontario
Non-compete agreements with Ontario employees made on or after October 25, 2021 are void, except for executives (such as a CEO or CFO) and certain sales of a business. Use confidentiality and non-solicitation clauses instead.
French in Quebec
In Quebec, a written employment contract must be drawn up in French. A standard-form contract can only be in another language if both parties expressly wish it after the employee has seen the French version.
Justify languages other than French in Quebec
Under Quebec's Charter of the French language, you can only require knowledge of a language other than French if the duties really need it, after assessing the job's actual language needs and the language skills already in your team. Say why in the job posting and keep a record of your assessment.
Official sources
Check the employment standards for the province or territory where the employee works:
- Ontario — Your guide to the Employment Standards Act
- Quebec — Working conditions (CNESST)
- British Columbia — Employment standards
- Alberta — Employment standards
- Saskatchewan — Employment standards
- Manitoba — Employment standards
- Nova Scotia — Employment rights
- Federally regulated employers — Federal labour standards (Canada Labour Code)
Questions
Do employment contracts have to be in writing in Canada?
No. Verbal agreements can be binding, but a written contract makes terms like probation, termination and confidentiality much easier to rely on, and some provinces, like Ontario, require you to give certain job information in writing.
Is a probationary period legal?
Yes, if it's agreed in writing before the employee starts. It doesn't remove the employee's other rights, and after the qualifying period in your province, statutory notice applies.
How much notice do I have to give to end employment?
At least the minimum in your province's employment standards legislation. If the contract has no valid termination clause, courts may award "reasonable notice" under common law, which can be much longer.
Can I change a contract after the employee has started?
Significant changes usually need the employee's agreement and something of value in exchange, such as a raise. Changing key terms without agreement can amount to constructive dismissal.
This template is general information based on Canadian employment law, last checked on October 5, 2026. Laws differ by province and change over time, and courts look closely at termination clauses. Have an employment lawyer review your contract before you use it.
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