Guide to a Written
Employment Contract
Considerations for Animal Health Technologists/ Veterinary Technicians
2005
______________________________________________________________________________________________
Purpose: An Employment Contract sets out the terms
and conditions of the relationship between an employer and an employee
(AHT/VT). It documents the obligations they have to each other,
the benefits they will receive from each other and defines workplace
expectations for both. Employment Contracts should define the
process for termination of the employer/employee relationship in the
future. Ideally, Employment Contracts are reviewed on a regular
basis and are tailored to suit individual veterinary practices or veterinary
related businesses.
Background Elements of an
Employment Contract:
Employment
Contracts must be designed so as to be clear, understandable and capable
of certain application. They should include 00romises00and/or
verbal representations that the employer made during the hiring period
and/or hiring interview. Many written Employment Contracts presented
by employers look after their interests; but who is looking after yours?
If you have some leverage, recognize it, understand it, and utilize
it to negotiate! Do not settle for the 00tandard form00version
of an Employment Contract.
2. Employee Performance:
Employment
Contracts should outline the employer00 work performance expectations
for the employee. The Employment Contract can be the basis that
an employer uses for performance management and to terminate a Veterinary
Technician should her work performance not meet the employer00 expectations.
The
employer00 promise to promote, to increase salary, to provide bonus
plans, fringe benefits, and/or car allowances must be in writing or the
Veterinary Technician can forget about receiving them.
3. Terms:
Employment Contracts are very
comprehensive. Each Animal Health Technologist /Veterinary Technician
who is currently employed, has an Employment Contract--even if it is
not in writing. The terms of an employment contract come
from many sources, including:
4. Minimum Standards:
Written Employment Contracts
must be consistent with the minimum standards contained in the
applicable Province00 Employment Standards legislation. When
Employment Contract do not specifically mention the items below, the
Courts treat the Employment Contract as though it includes the minimum
standard on the important aspects of employment. There are minimum
standards on the following topics:
5. Considerations:
For an Employment Contract to be valid, it must involve consideration, that is, something of value promised by each party to the agreement. In an Employment Contract, consideration is the employer00 promise to hire and the Veterinary Technician00 promise to perform service. Consider the following:
If the Employment Contract is entered into after the Veterinary Technician starts working, it may not be enforceable; as courts may hold that the employer00 promise to continue to employ an employee already on the job is not legally valid consideration. If a currently employed Veterinary Technician is asked to enter into a formal written Employment Contract, this may arouse her suspicions and justify a claim of constructive dismissal. Therefore, it is best to choose a time when the employer is providing additional consideration--like a promotion or a substantial compensation increase.6. Termination of Employment Contract:
Employment Contracts should
be forward thinking and define the process for termination of the employer/employee
relationship. An effective Employment Contract allows you to plan
for an orderly and fair break up. They may include a definition
of 00ermination of Contract Notice00and 00estrictive Covenants00
The
Courts require that Employment Contract termination notice be
reasonable; there are Provincial statutory minimum standards on this
topic.
Restrictive
Covenants (or, Non-Competition clauses) are designed to limit the
right of a formerly employed Veterinary Technician to compete with the
employer, solicit its employees or clients, or disclose confidential
business information. The rights of the employer to protect his
business interests from harm must be balanced such that the former Veterinary
Technician can still to earn a living in her career. Geographic
scope and duration of the restrictive covenant following the Employment
Contract termination must also be reasonable.
Other Factors to Consider:
1. Letter of Offer of Employment:
It
is standard practice for employers to provide a written Letter of
Offer to the Veterinary Technician selected during the hiring process.
The Letter of Offer should be brief in its summary of the employment
position and it must indicate the need for the selected employee to
sign an Employment Contract. A separate meeting time must be arranged
for this event. A sample Letter of Offer
is attached.
2. Seek Legal Advice:
Employment
Contracts are legally binding only when prepared appropriately.
Both the employer and the Veterinary Technician have vested interests
in ensuring their rights and obligations are properly characterized
in an Employment Contract. If you have never before prepared or
signed an Employment Contract, get legal advice. From the
Veterinary Technician00 perspective, you do not have to sign an Employment
Contract the moment a job offer is presented to you--good employers
will allow you the time required to consult with your legal advisor.
Employment Contract Details:
Starting Date of the Job.
Job Title and Job Description.
Mailing Address of the Employer and/or Workplace and the Veterinary Technician.
Remuneration Details. hourly rate/salary payment details--weekly/monthly/biweekly direct deposit options
Hours of Work. requirement per week/month/shift starting time/quitting time/break time a 00ixed term00 agreement should include terms for renewing it
Holiday Entitlement.
Sickness Entitlement.
Pension Plan details. there will be additional forms for you to sign from the Underwriter of the Pension Plan deductions from your pay must be authorized by you--another form to sign.
Grievance Arrangements. Line of Authority--who is your direct Supervisor Communication channels; process
Disciplinary Procedures.
Termination of Employment Contract. Notice Period Restrictive Covenants
Signatures of both the employer and Veterinary Technician.
Date the Employment Contract was signed by both parties.
SAMPLE EMPLOYMENT
CONTRACT
Employer Letterhead
This Employment Contract dated this___(day)
of__(month)__ 2005.
BETWEEN: Full Name and Mailing Address
of the
00mployer00/i>
-------AND------
Full Name and Mailing Address
of the
00eterinary Technician00/i>
Hereafter, referred to as the 00mployee00/font>
BACKGROUND:
A. The 00mployer00is duly incorporated, organized and existing under the laws of (name of Province).
B. The 00mployer00is of the opinion that the 00mployee00has the necessary qualifications, experience and abilities to assist and benefit the 00mployer00in its business.
C. The 00mployer00desires to
employ the 00mployee00and the 00mployee00has agreed to accept
and enter such employment upon the terms and conditions set out in this
agreement.
IN CONSIDERATION OF the matters
described above and of the mutual benefits and obligations set forth
in this agreement, the receipt, and sufficiency of which consideration
is hereby acknowledged, the parties of this Agreement agree as follows:
Employment start date:
(July 4, 2005)
Position Title:
(Veterinary Technologist I)
Duties and Responsibilities:
Reporting Lines:
The (Position Title) reports to (Title of direct Supervisor)
Compensation:
Salary:
The annual salary of the (Position Title) is $_________ for the first year. (or suitable 00robation00period)
The annual salary will be increased by _______% effective on (date).
Salary increases will be negotiated to
take effect at the beginning of each renewal period (or, specify
a date).
Group Benefits: the
00mployers00Group Benefits must be succinctly described including
when the 00mployee00will be eligible
The (Position Title) is eligible for coverage under the organization00 Group Insurance Plan (refer to actual name of Insurer and/or Policy).
OR
The (Position Title)
will receive payment equal to ____% of salary in lieu of benefits.
The cost of Group Insurance will be paid by the 00mployer00with the exception of the cost of the premium for Long Term Disability Insurance, which will be deducted from the 00mployee0000pay.
OR
The cost of Group Insurance will be shared:
50% will be paid by the 00mployer00and 50% will be deducted from
the 00mployee0000pay.
Retirement: The 00mployer00 will make a contribution on behalf of the 00mployee00to (Name of a Registered Retirement Savings Plan) equal to ____% of the 00mployee0000annual salary.
Other Benefits: The
annual (Name of Provincial AHT/VT Association)
membership fees will be paid by the 00mployer00on behalf of the
00mployee00i>.
The 00mployer00agrees
to provide $ ____ per annum to facilitate Continuing Education as required
to maintain membership Status in the (Name of Provincial AHT/VT Association).
Salary will be paid for ____ days per annum for Continuing Education
purposes.
Document any other Benefits provided by the 00mployer00for the 00mployee00here.
Life Insurance policies and premiums
offered to the 00mployee00should be discussed here.
Work Schedule: The 00mployer0000 policies on standard hours, overtime and compensatory time apply to this position.
refer to any Collective Agreements articles that apply.OR
The standard hours of work for the 00mployee00are ______ hours per week.
The 00mployee00will
be compensated for work time that exceeds standard hours at a rate of
1.5 times their regular hourly rate provided that overtime work is approved
in advance by (Title of position with the authority to authorize
overtime).
The 00mployee0000 usual hours of work will be: ___ AM to ___ PM. Lunch breaks are not paid. Breaks will be scheduled as the work allows and will be no more than 15 minutes in a four hour period.
Pay Schedule: The 00mployee00will be paid according to the 00mployer00established Pay schedule. This could be an attachment.
OR
The 00mployee00will be paid as follows: Monthly direct deposit of salary (or other applicable pay period).
refer to any Collective Agreements articles that apply.Vacation Leave: The 00mployee00
is entitled to vacation leave with pay in accordance with the following:
other leave: if the employee is entitled to other leave, like
Sabbatical or leave for personal reasons, then mention it here.
Annual Performance Review:
The work performance of the (Position Title) will be reviewed annually by (Title of supervisor or manager with this responsibility) based on the criteria agreed by the (Position Title) and (supervisor, manager or committee acting on behalf of the 00mployer00 at the beginning of the period subject to review.
Refer to the Position Description document.Settlement of Disagreements:
Describe the process or procedure that
will be used to settle disagreements that will be used to settle disagreements
between the employer and the employee when they cannot resolve the disagreement
themselves.
Cancellation of this Agreement:
This agreement can be cancelled only as
follows:
By the 00mployer00 in the event of
the 00mployee0000death or 00ith Cause00 no compensation
will be paid to the 00mployee00after the agreement is cancelled.
By the 00mployer00 00ithout
Cause00 the employer provide give a minimum of ____ weeks notice
to the 00mployee00 and pay salary and benefits in respect of the
notice period as agreed.
By the 00mployee00 the employee
will provide a minimum of ___ weeks notice. The 00mployer00
will pay salary and benefits in respect of the notice period as agreed.
Restrictive Covenants:
The 00mployee00will be restricted
from contacting current 00mployer0000clients, for the purposes
of conducting or providing veterinary related services for a period
of ____ months from the time this employment agreement is terminated
by either party.
The 00mployee00agrees that all Fees for Services applied for Veterinary Services provided to clients during the course of business will remain confidential for a period of ____ months from the time this employment agreement is terminated by either party.
__________________________________ ____________________________________________
(Date) (Name of 00mployee00selected during hiring process)
I DECLARE that (Name of Employer or Business) the terms and conditions of the employment position described herein is offered to (Name of selected 00mployee00.____________________________________ ____________________________________________
(Date) (Name of individual legally representing the 00mployer00
SAMPLE LETTER
OF OFFER
Employer Letterhead
(Date:)
(Name)
(Address)
(City, Province , Postal Code)
RE: LETTER OF OFFER OF
EMPLOYMENT - (Position Title)
Dear (Ms. Last Name)
Following our recent discussion,
we are delighted to offer you the position of (Position title)
with (Name of Business). You will become part of a fast-paced
and dedicated team that works together to provided clients with the
highest level of Veterinary care.
As a member of our (Name of
Business) team, we would ask for your commitment to deliver outstanding
quality and results that exceed client expectations. In addition,
we expect your personal accountability in all the products, actions,
advice and results that you provide as a representative of (Name of
Business). In return, we are committed to providing you with every
opportunity to learn, grow and develop to the highest level of your
Veterinary Technician career.
We are would like to enter into
an Employment Agreement with you that will adequately characterize our
new employer/employee relationship. Our Administrative Assistant
will contact you by telephone next week to set a meeting date.
The following points highlight
the terms and conditions that we are proposing:
Job
Description: (See attached document)
Start
Date: (date)
Salary: ($
Per Year)
Probation: (Indicate
Name of Business00 Policy)
Group
Benefits: (Provide list of Benefits--no details)
Hours of Work: (Describe the hours of work per week this position requires)
(Indicate what time and location the
employee should show at work on the first day)
Following the initial probationary
period, a progression and performance review will be conducted on a
quarterly basis to assess performance to-date, and to clarify or modify
this arrangement, as the need may arise.
Sincerely,
(Name of person acting on behalf of the Employer)
(Title)
(Name of Business)
With the signature below,
I accept this offer of employment.
_____________________________________ ____________________________
(Name of Veterinary Technician) (Date)
