Fragile Transplants: Adapting Employment Agreements To Québec

Where an employment agreement has not been properly drafted or adapted for use in Québec, problems may arise with respect to its enforceability. This is therefore an important consideration for employers on the move or with employers in several jurisdictions.

Québec is the only jurisdiction in Canada in which laws govern the use of language in the employment relationship, including in the drafting of the employment agreement. Québec is also unique in Canada as the only employment law jurisdiction that draws its fundamental contract law principles from the civil law rather than the common law tradition.

Employers generally aim to use uniform and consistent employment agreements throughout their operations; however, it is important to ensure that employment agreements are properly adapted to the applicable laws of the appropriate jurisdiction. This is all the more essential where an agreement drafted under the laws of another province or country is to be used in