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Canada (492,358)
JS380 (30)

Introduction to the Common Law Contract of Employment.docx

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University of Regina
Justice Studies
Stefan Idziak

Introduction to the Common Law Contract of Employment  Common law contract of employment is a normal contract between two parties, offer and agreement o exchanging capital for labour o in theory, terms of employment can be negotiated, but in reality this rarely occurs o the normal situation is the employer sets the terms and the employee can take it or leave it  indeed, often the employee doeasn't find out the terms of employment until after they've been hired  in specialized, highly skilled field this is less common and employees may play a role in setting the bargain  employment standards statutes putlimitations on the freedom to draft employment contracts  so the freedom to contract is subject to statutory limitations o for example in common law you could refuse to hire someone because of their race  cannot force someone into entering a contract o HRA allows a remedy here by complaint to tribunal Brian A., Langille & Guy Davidov, "Beyond Employees and Independent Contractors: A View from Canada  Being defined as an employee or independent contractor elads to a different package of rights o ie. notice only applies to employees.  Statutory definitnios not helpful, often circular or vaucous.  new categories like "Dependent contractor" attempt to fill the gap, but the distinction remains.  Whether someone is to be defined as contractor or employee depends on context; it is possible to be a contractor for employment purposes but an employee for vicarious liability.  For labour, basic distinction is that employees
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