Employment Law: Terms of Employment Contract

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Last updated: February 26, 2026

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Elements	Express terms
Elements	Rulebooks/Handbooks/Procedures/Policies
Elements	Imposed terms (statute)
Elements	Implied terms
What is usually evidence of EC existence but not necessarily EC itself?	Written Statement of Terms
How long must employers give notice of a change to written terms?	1 month
Statute	s.4 ERA
What must this agreement be?	Mutual
What can be included to alter an agreement?	Right to vary clause
How can terms be incorporated?	Expressly
How can terms be incorporated?	Implied
What must the term be?	Apt
How is a term deemed to be this?	Regulate work conditions
How is a term deemed to be this?	Regulate individual employment relationship
How is a term deemed to be this?	Clear and attainable
Other means of incorporation (standards)	Industry standards
Other means of incorporation (standards)	Employer standards

What terms prohibit an employee from doing certain things?	Restrictive covenants
Types	Non-compete clause
	Non-solicitation clause
	Non-poaching clause
How are terms implied	In fact
How are terms implied	In law
Tests for implied in fact	Officious bystander
Tests for implied in fact	Business efficacy
Implied terms in law for employers	Provide work (limited)
	Reasonable care of employees
	Mutual trust and confidence
Implied terms in law for employees	Obedience
	Adapt, exercise care and cooperate
	Mutual trust and confidence
	Loyalty, fidelity and confidence