Tag archives: Employment Contract

Visual contracts: Re-imagining the employment contract

We had the pleasure of assisting global engineering and infrastructure advisory company Aurecon become the first employer to launch a visual employment contract across its workforce in Australia.

The brief?  To assist in re-imagining the standard written employment contract into an interactive and vibrant agreement, which governs the employment relationship and embodies the culture and values of the business.

To learn more about how comic illustrations and avatars replaced legalese, removing 4000 words from the original contract, please refer to Aurecon’s website and/or the AFR’s website.… Continue Reading

Is it possible for employers to change the terms of employment contracts in France?

Under French law, the ability of an employer to alter the terms and conditions of employment of its employees is very restricted. It is generally necessary for the employer to obtain the consent of the employee if it wishes to implement a change in his/her terms and conditions of employment. The principle and procedure applicable to such changes are set out below (subject however in any case to any applicable collective bargaining agreement, which may contain specific provisions in such respect).

Change in the terms of employment: principle

In this respect, a very important distinction must be made between the … Continue Reading

Probationary period: compliance with the notice period may give rise to a new employment contract

The legal background

Under French employment law, the provision of a probationary period in an employment contract entitles the employer to terminate the contract without being required to follow a dismissal procedure or to justify the termination on real and serious grounds. However, the termination of an employment contract during a probationary period must be preceded by a notice period the length of which depends on the employee’s period of service within the company. In this respect, the labor code states that the notice period may not have the effect of extending the term of the probationary period.

In this … Continue Reading

Termination Clause Unenforceable Where Falls Below Statutory Requirements

The recent decision of Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 involved a claim for wrongful dismissal damages in which the Plaintiff successfully argued that a contractual termination provision was unenforceable.

On the facts, the employee signed an employment contract at the time of hire stating that, “Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice or as may otherwise be required by applicable legislation.”

The employee was given a letter of termination which provided … Continue Reading

Suspension of an employee’s driving license: unenforceability of an automatic termination clause

French case law generally does not allow dismissals of employees based on facts related to the employees’ private life. In this respect, the suspension (or the withdrawal) of an employee’s driving license caused by the employee’s behavior outside his/her working hours does not necessarily justify the termination of his/her employment contract.

However, when the holding of a valid driving license is necessary for the performance of the employee’s duties, French case law generally considers that the dismissal of the employee is valid provided that he/she can no longer carry out his/her duties as a result of the suspension (or the … Continue Reading

Important elements of an employment contract under PRC law

Written contract requirement

PRC law requires that an employer must enter into written employment contracts with each of its employees within one month after the commencement of the employment.

Where an employer fails to enter into a written employment contract within such period of time, the employer is liable to pay double salary to the employee concerned, starting from the second month of the employment until the end of the first year of the employment. Starting from the second year of the employment, an open-ended employment contract will be deemed to have been entered into between the employer and the … Continue Reading