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Contingent Offer Employment Template for Canada

This document serves as a conditional employment agreement under Canadian law, outlining the terms and conditions of employment that will come into effect only upon satisfaction of specified contingencies. It details the nature of employment, compensation, benefits, and working conditions while clearly stating the prerequisites that must be met before the employment relationship becomes effective. The agreement incorporates relevant provincial and federal Canadian employment standards, ensuring compliance with local labor laws, human rights legislation, and privacy requirements. The document provides protection for both employer and employee by clearly defining the conditions precedent and the timeline for their fulfillment.

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What is a Contingent Offer Employment?

The Contingent Offer Employment contract is a specialized employment agreement used when an organization wishes to extend an employment offer subject to the satisfaction of specific conditions. These conditions may include successful background checks, security clearances, reference verification, proof of qualifications, medical examinations, or work permits. This document type is particularly common in Canadian jurisdictions where regulatory compliance, professional licensing, or security requirements must be met before employment can commence. The agreement protects the employer by clearly stating conditions that must be met while providing the prospective employee with detailed information about their potential role, compensation, and benefits. It includes all standard employment terms required under Canadian law while maintaining the conditional nature of the offer, making it essential for regulated industries, government contractors, and positions requiring specific certifications or clearances.

What sections should be included in a Contingent Offer Employment?

1. Parties: Identification of the employer and prospective employee

2. Background: Context of the employment offer and brief description of the employer's business

3. Definitions: Key terms used throughout the agreement

4. Contingent Conditions: Specific conditions that must be met before the employment offer becomes final (e.g., background checks, reference checks, work permits)

5. Position and Duties: Job title, role description, and primary responsibilities

6. Term and Commencement: Start date and employment term (fixed-term or indefinite)

7. Compensation: Base salary, payment frequency, and method of payment

8. Benefits: Health benefits, insurance, and other standard benefits package components

9. Hours of Work: Expected working hours, overtime policies, and work schedule

10. Vacation and Leave: Vacation entitlement, statutory holidays, and various leave policies

11. Confidentiality: Protection of company confidential information

12. Termination: Conditions and process for ending employment

13. Governing Law: Specification of applicable Canadian jurisdiction

14. Acceptance: Signature blocks and deadline for acceptance

What sections are optional to include in a Contingent Offer Employment?

1. Probationary Period: Terms of initial probationary period - include if applicable to the position

2. Bonus Structure: Details of any performance-based or discretionary bonuses - include if bonus is offered

3. Equity Compensation: Stock options or other equity-based compensation - include for senior positions or startups

4. Remote Work: Terms and conditions for remote work arrangements - include if remote work is permitted

5. Non-Competition: Post-employment competitive restrictions - include for senior roles or sensitive positions

6. Non-Solicitation: Restrictions on soliciting employees or customers - include for client-facing or senior roles

7. Intellectual Property: IP assignment and protection - include for technical or creative roles

8. Travel Requirements: Expected travel and related policies - include if position requires travel

9. Commission Structure: Sales commission or other performance-based pay - include for sales positions

10. Relocation Terms: Relocation assistance and requirements - include if relocation is involved

What schedules should be included in a Contingent Offer Employment?

1. Schedule A - Job Description: Detailed description of role, responsibilities, and reporting relationships

2. Schedule B - Compensation Details: Comprehensive breakdown of all compensation elements

3. Schedule C - Benefits Summary: Detailed description of all benefits and eligibility requirements

4. Schedule D - Company Policies: Key company policies that form part of employment terms

5. Schedule E - Contingency Requirements: Detailed description of all conditions that must be met

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix 2 - Code of Conduct: Company's code of conduct and ethical requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use

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