Letter of Offer of Employment - Template, Sample Form Pro · EN-CA-law

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PRIVATE AND CONFIDENTIAL

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Re: Offer of Employment

Dear ________:

On behalf of ________ (the “Employer”), I am pleased to offer you (the “Employee”) employment in the position of ________ on the terms and conditions set out in this letter (this “Agreement”). This Agreement, once accepted, constitutes the entire agreement between you and the Employer and supersedes all prior offers, representations, negotiations and understandings, whether written or oral.

§ 1. Conditions of Offer. This offer is conditional upon the Employer’s receipt and satisfactory verification of the following, and the failure to satisfy any such condition shall render this offer null and void:

(a) proof of your legal entitlement to work in Canada and in the province of ________;

(b) the following documents and verifications: ________; and

(c) your execution of this Agreement and the Employer’s standard policies and ancillary agreements referenced herein.

§ 2. Commencement Date. Subject to the satisfaction of the conditions in § 1, your employment will commence on ________, or such other date as may be mutually agreed in writing.

§ 3. Position and Duties. You will be employed in the position of ________ on a full-time basis, reporting to ________. You shall perform the duties reasonably assigned to you and shall devote your full working time, attention and abilities to the business of the Employer. During your employment, you shall not engage in any other employment, business or activity that conflicts or competes with the interests of the Employer without the prior written consent of the Employer.

§ 4. Probationary Period. Your employment is subject to a probationary period of ________. During this period, either party may assess suitability for the position, and the Employer may terminate your employment at any time without notice or pay in lieu, subject only to the minimum entitlements (if any) under the applicable employment standards legislation of the province of ________.

§ 5. Place of Work. This position requires you to attend at the Employer’s premises. On your start date, please report at ________ to the following address:

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The Employer may, acting reasonably, require you to work at other locations as the needs of the business require.

§ 6. Hours of Work. Your regular hours of work shall be ________. You may be required to work such additional hours as are reasonably necessary to fulfil your duties, in accordance with applicable employment standards legislation.

§ 7. Compensation. Your initial wage will be $________ per hour, payable ________ in accordance with the Employer’s standard payroll practices. All compensation is subject to applicable statutory deductions and withholdings, including income tax, Canada Pension Plan contributions, and Employment Insurance premiums. Your compensation may be reviewed from time to time at the Employer’s discretion.

§ 8. Benefits. Subject to the terms, conditions and eligibility requirements of the applicable plans, and to the right of the Employer or its insurers to amend, modify or discontinue such plans at any time, you will be entitled to the following benefits:

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§ 9. Vacation. You will be entitled to ________ weeks of paid vacation per year, together with vacation pay calculated in accordance with the minimum requirements of the applicable employment standards legislation, whichever is greater. Vacation shall be taken at times approved in advance by the Employer. You will also be entitled to the statutory public holidays recognized in the province of ________.

§ 10. Bonus. You may be eligible for a discretionary bonus on the following terms, the payment and amount of which remain in the sole discretion of the Employer and are not a guaranteed or vested entitlement:

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§ 13. Termination.

(a) By the Employee. You may terminate your employment by providing the Employer with ________ of written notice.

(b) By the Employer Without Cause. The Employer may terminate your employment at any time without cause by providing you only with the minimum notice of termination (or pay in lieu thereof), severance pay and continuation of benefits required by the applicable employment standards legislation of the province of ________, and no more. The provision of such minimum entitlements shall constitute full and final satisfaction of all amounts owing to you in respect of the termination of your employment, and you shall have no entitlement to common law notice or damages in lieu thereof.

(c) By the Employer With Cause. The Employer may terminate your employment at any time for just cause, or for wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned, without notice, pay in lieu of notice or severance pay, to the extent permitted by applicable law.

(d) If any provision of this § 13 fails to comply with the minimum requirements of the applicable employment standards legislation at any time, such provision shall be deemed amended to provide only the minimum entitlements required by that legislation.

§ 14. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

§ 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the province of ________ and the laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the courts of that province.

§ 16. Independent Legal Advice. You acknowledge that you have been given the opportunity to obtain independent legal advice with respect to this Agreement, that you have read and understand its terms, and that you are entering into it voluntarily.

Please confirm your acceptance of this offer by signing and dating where indicated below and returning a copy of this letter to the Employer on or before ________. We look forward to working with you.

Sincerely,

__________________________________ (authorized signature)

Per: ________
Title: ________
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ACCEPTANCE

I have read, understood and accept the terms of this offer of employment. I have had the opportunity to obtain independent legal advice.

___________________________ (Employee signature)

Name: ________ ________
Date: ________