An employment contract sets the terms of your job — including pay, duties, termination rights, and post-employment restrictions.
In Alberta, many employment contracts do not comply with the Employment Standards Code or are otherwise unenforceable. Even contracts that look “standard” can limit your rights in ways Alberta law does not allow.
This page explains how employment contracts work in Alberta and when legal review matters.
What Is an Employment Contract?
An employment contract is a written or verbal agreement that outlines the terms of employment, including:
- Compensation and benefits
- Job duties and hours of work
- Termination rights
- Restrictions after employment ends
Even without a written contract, Alberta law still provides minimum protections.
Do You Have to Sign an Employment Contract?
You are not automatically required to sign an employment contract — especially after you’ve already started working.
If an employer asks you to sign a new contract:
- You may be giving up existing rights
- You may need new consideration (something of value) for it to be enforceable
- You should get legal advice before agreeing
Are Employment Contracts Enforceable in Alberta?
Only if they meet Alberta legal requirements.
Employment contracts may be unenforceable if they
- Provide less than minimum notice or pay under Alberta law
- Exclude required continuation of benefits
- Contain unclear or contradictory language
- Attempt to contract out of statutory protections
Courts interpret employment contracts strictly and in favour of employees.
Common Employment Contract Clauses in Alberta
| Clause Type | What It Covers |
|---|---|
| Termination Clause | Sets out notice or pay if employment ends. Many clauses fail if they don’t meet Alberta employment standards. |
| Fixed-Term Contract | Employment ends on a set date. Early termination can trigger pay for the full remaining term. |
| Probation Period | Limits termination rights early in employment, but must still meet legal standards. |
| Non-Solicitation Clause | Restricts contacting clients or coworkers after leaving. Must be reasonable to be enforceable. |
| Non-Compete Clause | Restricts where someone can work. Rarely enforceable in Alberta. |
| Bonus & Commission Terms | Controls how variable pay is earned and paid, including after termination. |
| Duties & Role Changes | Defines job responsibilities and flexibility for changes. |
What Happens If an Employment Contract Is Unenforceable?
If a contract or clause is unenforceable:
- The limitation may be ignored
- Your rights may be determined by common law
- You may be entitled to significantly more notice or pay
This often becomes critical after termination.
Should You Have an Employment Contract Reviewed?
You should speak to an employment lawyer if:
- You’re asked to sign a new contract
- Your employer changes your role or compensation
- You’re offered a contract after starting work
- You’re terminated and your employer relies on a contract
A short review can prevent long-term consequences.
Speak to an Employment Contract Lawyer in Alberta
Employment contracts affect your income, job security, and future work options.
Before signing — or after termination — get clear legal advice on where you stand.
Speaking with an employment contract lawyer in Alberta can help clarify whether a contract or clause is enforceable and what the law actually requires