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Notes fo Final.doc

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Course Code
COMM 315

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4Feb08Contract of Employment Civil code has 3300 articles contains all civilgeneral laws 1of QuebecContract of Employment is a portion of the code2085 what its all aboutAn employeeDirects work ofEmployeeEmployerControls work of2Contractor No direction and control contractor sets his own daily schedule vacation schedule provides his own tools eg computer is able to subcontract workoeg lawyer is hired as an agentagency does not directcontrol Important to specify between the two employees have deductions withheld at source contractors do notEERs can be fined and EEEs assessed if EER mislabels an EEE as a contractor and fails to withhold deductions2086 contract can be for a fixed period of time or indefinite openended2087 Obligations of the EER to the EEE1To provide the work2To pay for the work3To protect the health safety eg protective clothing dignity of the EEE2088 Obligations of the EEE to the EER341work with prudence diligence2work faithfully honestly ie wont lie place EEE interests ahead of EER3protect confidential info a proprietary rightAll employee sanctions stem from thisExtends for a reasonable amount of time after employment endsThe fiduciary dutytrustObligations of Trustthe trust that one has in his significant other2089 Noncompetition clauseIf you leave fired for a reason there can be prohibitions on where you can workThe Shake Test 5 steps to proving validity of a noncompetition clause the answer to each step must be yes for the clause to be valid burden of proof on EER1 Contracta documentunderstanding between two people2 Direction and controlgive work feedback job tools place to work3 Prudencecaution with regard to practical matters discretion4 Diligenceconstant and earnest effort to accomplish what is undertaken persistent exertion of body or mind
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