Employment Contracts Lawyers

An employment contract sets the rules of the job before anything goes wrong. An employment contract lawyer can draft one that protects a business, or review an offer before an employee signs it. On this page you can compare lawyers who handle employment contracts in Quebec, see their rates and availability, and book a consultation online.

Employment contracts are one part of business and corporate law. For company matters more broadly, see our page on business and corporate lawyers.

What an employment contract lawyer does

The work is different depending on which side of the table you are on.

• For employers: drafting contracts and offer letters, building templates for different roles, writing confidentiality, intellectual property and non-competition clauses that can actually be enforced, and updating contracts when the law or the business changes.
• For employees: reviewing an offer before you accept it, explaining what each clause really means, flagging terms that go further than the law allows, and helping you negotiate changes.
• For both: interpreting a contract when a disagreement comes up.

What goes in an employment contract

In Quebec, an employment contract can be written or verbal, but a written contract avoids a lot of arguments later. A good one usually covers:

• The job title, main duties and who the employee reports to.
• Pay, bonuses, commissions, benefits and how they are calculated.
• Working hours, place of work and any remote work arrangement.
• Vacation and other leave, where they go beyond the legal minimum.
• Whether the contract is for a fixed term or indefinite, and any probation period.
• Confidentiality, intellectual property, non-competition and non-solicitation clauses.
• How the contract can end, and what notice or pay applies.

Fixed-term or indefinite contracts

A fixed-term contract ends on a set date or when a specific project is finished. An indefinite contract has no end date and continues until one side ends it. The rules for ending each type differ, and if the employee keeps working after a fixed term ends without objection, the contract can become indefinite.

Probation periods

Many contracts start with a probation period so the employer can assess the new hire. A probation clause is useful, but it does not switch off the law: some labour standards protections depend on how long the person has actually worked, not on what the contract calls the period.

Non-competition and non-solicitation clauses

These clauses restrict what an employee can do after leaving: working for a competitor, or approaching the employer's clients or staff. Under the Civil Code of Québec, a non-competition clause must be in writing and in express terms, and it must be limited in time, in place and in the type of work, to what is needed to protect the employer's legitimate interests. The employer has to prove the clause is valid.

A clause that is too broad can be struck down entirely, and an employer who ends the contract without a serious reason may lose the right to rely on it. Non-solicitation clauses are assessed in a similar spirit.

Confidentiality and intellectual property

Employees already owe their employer loyalty and must not use confidential information, during the job and for a reasonable time after. A written clause makes clear what counts as confidential and what happens when the employee leaves.

Intellectual property deserves its own clause. Who owns software, designs, content or inventions created at work can depend on the type of work and the wording of the contract, so clear terms help both sides.

Labour standards apply whatever the contract says

Quebec's Act respecting labour standards sets minimum working conditions, such as pay, hours, vacation, leave and notice of termination. These standards are of public order: a contract can offer more, but it cannot offer less, and a clause that waives a minimum standard has no effect. The CNESST administers these standards and explains them in plain language.

Federally regulated employers, such as banks and airlines, follow federal rules instead, and unionized employees are mostly governed by their collective agreement.

Contracts in French

The Charter of the French language gives employees in Quebec the right to work in French, and it generally requires employers to provide written employment documents, including contracts and offers, in French. In some situations the parties can choose to be bound by a version in another language, but specific conditions apply.

Remote work and termination clauses

Remote and hybrid work should be spelled out: where the employee may work from, who provides and pays for equipment, working hours and availability, data security, and whether the employer can require a return to the office.

A termination clause sets out how the job can end and what the employee receives. It can be generous, but it cannot go below the labour standards minimum, and under the Civil Code an employee cannot give up in advance the right to reasonable notice or to compensation for an abusive dismissal. A clause that ignores these limits may not hold up when it matters.

When to get a lawyer

• You are hiring and want a contract or template you can rely on.
• You received a job offer with a non-compete, non-solicitation or confidentiality clause.
• You are a senior hire negotiating pay, equity, bonuses or severance terms.
• Your employer wants to change your contract or your remote work arrangement.
• The job is ending and you want to know what the contract really gives you.
• You are dealing with a dismissal, harassment or unpaid wages: see our page on employment and labour lawyers.

Preparing for your consultation

Bring the contract or offer letter, any related bonus plan or policy, and the clauses that worry you. Employers: bring a description of the role and what you need to protect. Ask how the lawyer charges for a review or a draft.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all employment contract lawyers or see employment contract lawyers in Laval. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

Should I have a lawyer review my employment contract?

It is worth it when the contract has restrictive clauses, variable pay or unusual termination terms. A review before signing is easier than a dispute afterwards.

Is a non-compete clause enforceable in Quebec?

Only if it is in writing, in express terms, and reasonably limited in time, place and type of work. The employer must prove it meets these conditions, and courts do strike down clauses that go too far.

Can a contract give me less than labour standards?

No. The minimum standards apply whatever the contract says. A clause that offers less is without effect, and the minimum applies instead.

Does my employment contract have to be in French?

In Quebec, employers generally have to provide employment contracts in French. The parties can sometimes agree to another language, but only under specific conditions.

What is the difference between an employment contract lawyer and a labour lawyer?

A contract lawyer focuses on drafting, reviewing and negotiating the terms of the job, while a labour or employment lawyer more often handles disputes such as dismissals and harassment. Many lawyers do both.