Employment Contracts

Individual Contracts of Employment

Individual contracts of employment are generally governed by the Civil Code of Québec (the "Civil Code"). A contract of employment, whether it be oral or in writing, is defined as a contract by which the employee undertakes to do work for remuneration, according to the instructions and under the direction or control of the employer. It is to be distinguished from a contract of services, under which the contractor or provider of services (often a consultant) is free to choose the means of performing the contract and under which no relationship of subordination exists between the contractor or the provider of services and the client.

Under a contract of employment, the employer is bound not only to allow for the performance of the work and to pay the remuneration agreed upon, but he must also take any measures consistent with the nature of the work to protect the health, safety and dignity of the employee.