Required to update employment agreements stating “Government closure of workplace” for salary and hourly employees?

[vickyp]

#80428

Hi Glenn,
I understand companies should not layoff any salary employee as it can be considered as a constructive dismissal.
I heard on a webinar that companies should include in their employment agreements “emergency leaves”.
After experiencing “emergency leaves” due to COVID this past spring (we offered coverage for benefits) – should my company update our employment agreements to include: “Government mandated closure of workplaces” or due to any horrible/unforeseen disaster/catastrophe for salary employees?
What about hourly employees? We conduct layoffs during the winter months on an ongoing annual basis but it is not written in the employment agreement.
Should we do this for all new incoming employees – salary and hourly?
Please review our employment agreement template below and advise to: add, delete anything.
Your suggestions and comments will be welcomed.
Thank you.

October 17, 2018

PERSONAL AND CONFIDENTIAL
Employee name
Address
City
Postal code

Dear Mr./Ms. Employee name:
We are pleased to offer you the full-time position of Operations Supervisor with 123 Company Inc., a member of the G&L Group of Companies. You will be reporting to the Operations Manager.
Set out below are the terms and conditions of your proposed employment:
Our Company is committed to the well-being of its staff by ensuring a progressive workplace and, in doing so, continually seeks to improve work conditions and practices. On that basis you should be aware that there will be changes from time to time in your job description and the Company’s Employment Policies and Procedures. This will require you to take a flexible approach to your work, which we hope will create job satisfaction as well as good productivity.

COMMENCEMENT DATE:
Your start date will be October 22, 2018. Upon your arrival, please ask for your manager, who will meet with you and go over your position.

RESPONSIBILITIES:
Please refer to the attached job description for an outline of the duties and responsibilities of this position.
Prior to you commencing your full duties as an Operations Supervisor you will be expected to participate in an intense training program which will allow you to have the knowledge and skills required to succeed in this position which the 123 Company Inc., a member of the G&L Group of Companies will be providing.
The essential part of the training will be divided in locations and positions as follows:
Approximately 2-3 days per location depending on your progress. You will be required to not only understand the products and services G&L provides but you will also be expected to learn the operation, processes and procedures of the different locations pertaining to the G&L Group of Companies but not limited to and be able to operate their machinery etc. dozer, excavator, frontend loader, and Scale attendant.
Your progress will be directly monitored by your manager.
You will be considered as a “Trainee” and after successfully completing the training program your job title will officially be Operations Supervisor.
Initial:

Employee name

Page 2

The purpose of the intense training program is to ensure you are given the tools necessary to succeed as the Operations Supervisor.

REMUNERATION:
Your salary will be CDN $ 75,000 per annum, which will be paid in equal bi-weekly installments by direct deposit to your bank account.
Once you have successfully completed your training you will receive the following from G&L:
Company smart phone, fuel card and company vehicle.
VACATION
You will be entitled to vacation earned at the rate of .83 regular business days for each month of service, equivalent to 2 weeks annually. The Company currently observes ten (10) public holidays in accordance with the Canada Labour Code, Provincial statute and local municipal bylaws.
COMPANY BENEFITS
You will be eligible for Group Health and Dental coverage after six (6) months of employment. 123 Company Inc., will pay your monthly premium for Group Health and Dental coverage in full under our Group Insurance Plan at that time. Life Insurance and Long Term Disability coverage is mandatory and premiums are paid by you. Health and Dental coverage is optional in cases of Spousal exemption.
You can join our voluntary Group Retirement Plan upon completion of one year of service. With a 1% contribution made by you, the company will contribute 2% on your behalf in years 1 to 5. Thereafter the contribution can increase. Our Plan details are available upon request.
PROBATIONARY PERIOD:
As with all new employees, the first 6 months of employment will be considered a probationary period. In the event 123 Company Inc., terminates your employment for any reason other than cause, 123 Company Inc., shall only be obligated to pay the greater of (a) one (1) week for each year of service to a maximum of eight (8) weeks or (b) the minimum notice required by the Employment Standards Act of Ontario as may be amended from time to time.
In no event shall 123 Company Inc., be obligated to provide notice or pay severance in lieu of notice any greater amount than what is agreed to above.
Performance reviews are conducted on an annual basis, April of every year. Salary increases may vary according to employee performance every May.
HOURS OF WORK:
Regular hours of work in this position can start as early as 5:30 am to 6:00 pm. You are expected to work the hours that are reasonably necessary to complete your employment duties. The hours may vary according to the operational needs of the Company. No overtime will be payable for this position.
Initial:

Employee name

Page 3

CONDITIONS OF EMPLOYMENT
It is a condition of employment that you agree to and sign the Confidentiality and Non-Competition Agreement attached to this offer. Furthermore, you are required to act in the best interests of the Company at all times. You may not disclose any personal or confidential Company information to which you have access during the course of your duties. You may not carry on any outside work (including developing software or writing a book) without the Company’s permission. The Company retains full copyright in any material supplied by you for use in any of the Company services. You are not permitted to solicit any customers from the 123 Company Inc., or G&L Group of Companies, for one year after you leave the employment of the Company.
Welcome to 123 Company Inc. We look forward with pleasure to you joining our company and to a long and successful business relationship.

Yours sincerely,

Operations Manager
cc: Payroll & Benefit Administrator

I declare that:
(a) I have read and understand the offer of employment and these conditions of employment; and
(b) I accept the offer of employment and will abide by these conditions of employment.

Signature: _______________________ Date: ____________________________

[vickyp]

#80427

My pleasure. Good luck with the redo.

[Author]

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