Week 3 Reading Comprehension Questions

Question 1
What are the advantages of a written employment contract over an oral one? Are there
any disadvantages?
The written contract of employment is always better than the oral. It clearly lays down
the terms of employment. In the written form, the contract can be easily preserved and
produced in future in case of any conflict. The written contract increases the validity of
the document. The legal enforceability and authenticity increase in written contract. In
oral contract these things are not possible. As such there are no disadvantages to the
written contract except the fact that it leads to increased effort of the paperwork and other
formalities.

Question 2
If a dispute arises out of an oral employment contract, how does a court establish the
terms and conditions of the contract?
Oral employment contracts, often known as verbal contracts, are simply agreements
made verbally rather than in writing. At the beginning of the employment relationship,
employers and employees frequently sign brief oral contracts. Oral agreements can be
hard to prove, and often their very existence is in doubt. When the matter went to trial,
the jurors and judges had to use their gut feelings to determine who was telling the truth.
You cannot be certain that you will succeed.

Question 3
What are the main legal issues that can affect the enforceability of an employment
contract?
The following are the main legal issues that can influence whether an employment
contract can be enforced: some issues or points call for negotiation, while others are
necessary to safeguard the employer. Since someone who is departing can do substantial
harm, it is necessary to restrict what they can do with the assistance of a legal
practitioner, which has an impact on the enforceability of the restriction. One
circumstance that affects the enforceability is contract breach. Another element is
contract renewal. if the contract contains any unenforceable clauses or requirements.

Question 4
What is the contra proferentem rule of interpretation? Does this rule seem fair to you?
Why or why not?
According to the contra proferentem rule, any clause is taken into consideration if there is
any ambiguity regarding its meaning or scope, and the ambiguity should be interpreted
against the party seeking to rely on the inserted or requested phrase. The winner in this
scenario is the opposite side. I don't believe this is a fair law, to be honest. If something
needs to be explained, it must be written in plain language and not in a way that implies
the person making the complaint is always the victim. This law is an example of how
people interpret the law differently. Everybody must be able to understand the words of
the rule as it is written, so that everyone understands the terms and condition and no one
take due disadvantage.

Question 5
Explain the difficulties that an employer may face with a fixed-term contract.

The difficulties that an employer may face with a fixed term contract are:

· Bound by the contract period = The employer cannot terminate the contract
early due to any reason like change in demand, change in plan etc.

· Penalty in case of termination of contract = The employer has to pay penalty in

case of non-adherence to the contract period term

· Low employee motivation = As the employee are for fixed term, they don’t have
motivation to work efficiently to rise in the hierarchy

· Unfavorable rate = In situations like economic slowdown, the market rate may
go down compared to existing contract rate. In case of fixed term contract, the
rate adjustment is usually not possible which can lead to monetary loss for the
company.

Question 6
Why are courts generally wary of restrictive covenant clauses?
Every organization has crucial and priceless information that is essential to its operations.
An employer may work to restrict how employees can use this information both during
their employment and after it has ended. By incorporating these clauses in the
employment contract, restrictive covenant clauses offer protection to the employer. a
clause containing a restrictive covenant, often known as a non-compete or non-
solicitation clause, in an employment contract. Trade restraint and non-competition are
only permissible to the extent necessary to safeguard an employer's legitimate interests. It
restricts the duration and scope of limitations. If a clause is not reasonable, it cannot be
enforced.
Non-competition clauses prevent the former employee from taking a similar job with a
rival. Non-solicitation agreements that forbid poaching of the former employer's clients,
customers, or suppliers.

Question 7
What contractual terms do you think an employee may have the most difficulty with?
Employee confidentiality agreements are contracts or provisions of contracts in which an
employee agrees not to divulge any information about the specifics of the employer's
business operations.
Non-Competition Clause: After leaving their current position, the employee will not work
for a rival or similarly structured business.
Notice period for termination: An employer may fire an employee with just a few days'
notice.
Address any pertinent issues when relocating.
Employees should be provided the opportunity to seek independent legal assistance when
needed.

Question 8
What are the chief components of the foundation of Canadian labour laws (the Wagner
Act Model)?
The interaction between employees, employers, unions, and the government is mediated
by labor legislation. The tripartite connection between the union, the employer, and the
employee is addressed by collective labor law. Individual labor law is concerned with
workers' rights at work, including through the employment contract. Three sections make
up Canadian labor law. Collective bargaining between unions and employers is the
subject of the first section. The Industrial Relations and Disputes Investigation Act of
1948 is largely responsible for it. The second section is about worker health & safety.
The third section addresses employment standards but primarily defers to provincial
legislation for each employment province.

Question 9
Outline the certification process in British Columbia.
1. Workers contact the union and meet with the union organizer.
2. Workers sign cards applying for membership in the union and authorizing the
union to represent them in negotiations with their employer.
3. If at least 45 per cent of the workers sign membership cards, the British Columbia
Labor Relations Board (BCLRB) will hold a vote to see if workers want a union.
4. The BCLRB holds a secret ballot vote. Anyone who is in the bargaining unit the
union applied to represent can vote. If the majority of workers who cast ballots
vote to unionize, the union is certified.
5. The union will serve notice to your employer to begin bargaining your first
contract.

Question 10
Fundamentally, what is a collective agreement?
Other names for collective agreements are collective labour agreements and collective
bargaining agreements. To understand collective agreements simply, consider the
following: A collective agreement is a pact made between an employer union and a trade
union regarding the employment policies used in the industry. A collective bargaining
agreement is binding on both the employers who are members of an employer union that
has signed it and the members of the trade unions that have signed it. Normally binding
agreements are those that fit this description.