Wherever an employment relationship exists, both employers and employees have rights and obligations. These areas are governed by federal and provincial laws and legislation.
While some of these rights and obligations may be detailed in employment contracts, others are implied simply by virtue of an existing employment relationship. Some of the most common areas of employment rights and obligations include:
Termination Issues
- Liability issues arising from the hiring and terminating of employees
- Disciplining of employees
- Terminations involving just cause
Workplace Conditions
- Compliance with legislated employment standards
- Workplace safety
- Appropriate use of electronic media in the workplace
- Tort claims against company officers and directors
- Vicarious liability of employers for the acts of their employees
Safeguarding Business Interests
- Restrictions regarding non-solicitation, non-competition and confidentiality
- Rights to intellectual property
- Confidentiality of proprietary company information
- Injunctions
Both employees and employers need to be aware of the laws governing such rights and obligations in order to ensure that they receive their full entitlements, as well as limit the possibility of legal action for failure to comply with relevant legislation. Engaging the services of an employment lawyer will provide the guidance and expertise necessary to ensure optimal employment relationships.
For related case studies and more information on Employer and Employee Rights and Obligations, search our blog.
More Concepts on Employment Contracts
- Employment Contracts
- Fiduciary Obligation – The Obligation to Remain Silent
- Non-Solicitation, Non-Competition and Confidentiality Agreements
- Types of Employment Contracts – Fixed Term vs. Indefinite Duration
- Who is an Employee and Why Does it Matter?
- Workplace Privacy, an Increasingly Important Issue in the Information Age
- Vicarious Liability: When Employers are Responsible for Employee Conduct