1|Page
MANA 298: Chap 7 Employment Law questions
and answers
individual contract - .....ANSWER ...✔✔ -terms of
which are negotiated and agreed to between an
employee and an employer
-the conditions agreed upon apply only to this particular
employment relationship, and between these 2 parties
collective agreement - .....ANSWER ...✔✔ -this is a
contract between a employer & a group of employees
-the group may be called a union, brotherhood,
syndicate etc.
-several members of the group form a negotiating team
& meet with the employer's representatives
-between them they negotiate and agree on a set of
terms & conditions that will govern the employment
relationship between the entire group of employees &
their employer
The Individual Contract of Employment: Intro -
.....ANSWER ...✔✔ -this contract is principally
governed by the rules found in the civil code of quebec
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-in addition, important provisions found in the Quebec
Labour Standards Act and the Quebec Charter of
Human Rights & Freedoms
-all 3 must be considered in order to draw a complete
picture of this type of contract
The Civil Code of Quebec - .....ANSWER ...✔✔ -
defines & outlines what constitutes an employment
contract, the term, form, renewal & termination,
restrictive covenants & non-competition clauses & the
distinction between an employee and a contractor
-refer to articles 2085 to 2097, Appendix 7-A (pg 232)
The Contract: Subordination - .....ANSWER ...✔✔ -the
legal contractual relationship between an employer &
employee (Article 2085 of Code):
1. it is a contract, subject to all the general rules of
contract
2. it is bilateral EX) it requires both parties to undertake
to do something for the other
*the employee undertakes to do work
*the employer undertakes to pay the employee for the
work
3. the contract requires the work to be done continuously
until the termination of the contract;
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4. the work must be done according to the instructions &
under the direction of the employer, which requires the
employee to be subordinate
-this subordination is of the essence to the contract of
employment
-the fact that the employee's activity is under the control
of the employer is reasonable, since the work is being
done for the benefit of the employer
5. the employee must personally carry out the work to
be done-it cannot be delegated to someone else
6. the contract must be for a limited time-a person
cannot bind him or herself forever (unlimited duration):
this would be the equivalent of slavery, & this idea is
abhorrent to our society
fixed term (CCQ 2086) - .....ANSWER ...✔✔ -has a
clearly agreed termination date
-when this date arrives, the contract is ended
-no notice or other formality is required
-cannot lay off employee once work is completed (term
of contract must be fully respected)
-if employer wants to terminate contract before it ends,
the employee must be paid in full amount as if the
contract continued full term
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-a settlement may also be another option where the
employee receives a lesser amount & does not have to
wait for the term to expire
indeterminate term (CCQ 2086) - .....ANSWER ...✔✔
-must not be confused with a contract of unlimited
duration (they are prohibited)
-parties have agree to not set a specific termination
date
-contract will continue until it is terminated by one of the
parties
-the party wishing to terminate the contract must give
appropriate notice to the other party
-employer may create a "pause" in contract, &
employee may be "laid-off" for a short period, not
more than 6 months
Health and Safety Dignity (CCQ 2087) - .....ANSWER
...✔✔ the employer is bound not only to allow the
performance of the work agreed upon and to pay the
remuneration fixed, but also to take any measures
consistent with the nature of the work to protect the
health, safety, and dignity of the employee
MANA 298: Chap 7 Employment Law questions
and answers
individual contract - .....ANSWER ...✔✔ -terms of
which are negotiated and agreed to between an
employee and an employer
-the conditions agreed upon apply only to this particular
employment relationship, and between these 2 parties
collective agreement - .....ANSWER ...✔✔ -this is a
contract between a employer & a group of employees
-the group may be called a union, brotherhood,
syndicate etc.
-several members of the group form a negotiating team
& meet with the employer's representatives
-between them they negotiate and agree on a set of
terms & conditions that will govern the employment
relationship between the entire group of employees &
their employer
The Individual Contract of Employment: Intro -
.....ANSWER ...✔✔ -this contract is principally
governed by the rules found in the civil code of quebec
,2|Page
-in addition, important provisions found in the Quebec
Labour Standards Act and the Quebec Charter of
Human Rights & Freedoms
-all 3 must be considered in order to draw a complete
picture of this type of contract
The Civil Code of Quebec - .....ANSWER ...✔✔ -
defines & outlines what constitutes an employment
contract, the term, form, renewal & termination,
restrictive covenants & non-competition clauses & the
distinction between an employee and a contractor
-refer to articles 2085 to 2097, Appendix 7-A (pg 232)
The Contract: Subordination - .....ANSWER ...✔✔ -the
legal contractual relationship between an employer &
employee (Article 2085 of Code):
1. it is a contract, subject to all the general rules of
contract
2. it is bilateral EX) it requires both parties to undertake
to do something for the other
*the employee undertakes to do work
*the employer undertakes to pay the employee for the
work
3. the contract requires the work to be done continuously
until the termination of the contract;
,3|Page
4. the work must be done according to the instructions &
under the direction of the employer, which requires the
employee to be subordinate
-this subordination is of the essence to the contract of
employment
-the fact that the employee's activity is under the control
of the employer is reasonable, since the work is being
done for the benefit of the employer
5. the employee must personally carry out the work to
be done-it cannot be delegated to someone else
6. the contract must be for a limited time-a person
cannot bind him or herself forever (unlimited duration):
this would be the equivalent of slavery, & this idea is
abhorrent to our society
fixed term (CCQ 2086) - .....ANSWER ...✔✔ -has a
clearly agreed termination date
-when this date arrives, the contract is ended
-no notice or other formality is required
-cannot lay off employee once work is completed (term
of contract must be fully respected)
-if employer wants to terminate contract before it ends,
the employee must be paid in full amount as if the
contract continued full term
, 4|Page
-a settlement may also be another option where the
employee receives a lesser amount & does not have to
wait for the term to expire
indeterminate term (CCQ 2086) - .....ANSWER ...✔✔
-must not be confused with a contract of unlimited
duration (they are prohibited)
-parties have agree to not set a specific termination
date
-contract will continue until it is terminated by one of the
parties
-the party wishing to terminate the contract must give
appropriate notice to the other party
-employer may create a "pause" in contract, &
employee may be "laid-off" for a short period, not
more than 6 months
Health and Safety Dignity (CCQ 2087) - .....ANSWER
...✔✔ the employer is bound not only to allow the
performance of the work agreed upon and to pay the
remuneration fixed, but also to take any measures
consistent with the nature of the work to protect the
health, safety, and dignity of the employee
