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Pre Employment Agreement Template for Canada

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Key Requirements PROMPT example:

Pre Employment Agreement

"I need a Pre Employment Agreement for a senior software developer position at our tech startup, including strong IP protection clauses and stock option provisions, with employment planned to commence March 1, 2025."

Document background
The Pre-Employment Agreement is a critical document used in the Canadian employment landscape to establish clear terms and conditions before an employment relationship formally begins. This document is particularly important when hiring for positions that involve access to confidential information, specialized skills, or senior roles. It typically includes conditions that must be met before employment commences, such as background checks, reference verification, and work permit requirements. The agreement helps protect both employer and employee interests by clearly documenting expectations, requirements, and obligations while ensuring compliance with Canadian federal and provincial employment laws, including human rights legislation, privacy laws, and employment standards. It serves as a foundation for the future employment relationship and can help prevent misunderstandings or disputes regarding the terms of employment.
Suggested Sections

1. Parties: Identifies the employer and prospective employee with their full legal names and addresses

2. Background: Sets out the context of the agreement, including the prospective employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Offer of Employment: Details the position being offered, including job title, duties, and reporting relationship

5. Conditions Precedent: Specifies conditions that must be met before employment begins (e.g., background checks, references, work permits)

6. Start Date and Probationary Period: States the anticipated employment start date and any applicable probationary period

7. Compensation and Benefits: Outlines the basic compensation structure and benefits package

8. Confidentiality: Defines confidential information and establishes obligations to protect company information

9. Intellectual Property: Addresses ownership and protection of intellectual property created during employment

10. Representations and Warranties: Contains employee's confirmations regarding their ability to accept employment

11. Termination: Sets out circumstances under which the offer can be withdrawn or employment terminated

12. Governing Law: Specifies the jurisdiction governing the agreement

13. Entire Agreement: Confirms the agreement represents the complete understanding between parties

Optional Sections

1. Non-Competition: Restricts employee's ability to compete with employer - include only where necessary and ensure restrictions are reasonable

2. Non-Solicitation: Prevents solicitation of employees/customers - include for senior roles or customer-facing positions

3. Work Location: Specifies work location and any remote work arrangements - include if not standard office-based role

4. Travel Requirements: Details any travel expectations - include if position requires regular travel

5. Equity Compensation: Outlines any share options or equity-based compensation - include for senior roles or startups

6. Sign-on Bonus: Details any one-time signing bonus - include if applicable to the offer

7. Relocation Assistance: Specifies relocation support terms - include if position requires relocation

8. Professional Development: Outlines any professional development or training commitments - include for specialized roles

Suggested Schedules

1. Schedule A - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule B - Compensation Details: Comprehensive breakdown of salary, benefits, bonuses, and other compensation elements

3. Schedule C - Company Policies: Key company policies that form part of the employment relationship

4. Schedule D - Benefits Summary: Detailed description of benefits package and eligibility requirements

5. Appendix 1 - Required Documentation: List of documents required before employment commences

6. Appendix 2 - Confidential Information Examples: Specific examples of what constitutes confidential information

Authors

Alex Denne

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

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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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