An employment contract sets out the terms and conditions of your job — including pay, duties, termination rights, and post-employment restrictions.
In British Columbia, many employment contracts do not comply with the Employment Standards Act (ESA) or are otherwise unenforceable. Even contracts that look standard or “industry-approved” can significantly limit an employee’s legal rights.
This page explains how employment contracts work in BC and when legal review matters.
What Is an Employment Contract?
An employment contract is a written or verbal agreement between an employer and employee that defines the terms of employment, including:
- Salary, bonuses, or commissions
- Job duties and responsibilities
- Hours of work and vacation
- Termination rights
- Restrictions after employment ends
Even if you never signed a written contract, BC law still provides minimum protections.
Do You Have to Sign an Employment Contract?
You are not always required to sign an employment contract — especially after you’ve already started working.
If an employer asks you to sign a new contract:
- After your start date
- During a promotion or role change
- As part of a restructuring
you may be giving up existing rights. In many cases, a new contract requires fresh consideration (something of value) to be enforceable.
Are Employment Contracts Enforceable in BC?
Only if they meet BC legal requirements.
Employment contracts may be unenforceable if they
- Provide less than ESA minimum notice or pay
- Improperly limit severance
- Exclude required benefit continuation
- Contain unclear, vague, or contradictory terms
Courts in BC interpret employment contracts strictly and in favour of employees.
Common Employment Contract Clauses in British Columbia
| Clause Type | What It Covers |
|---|---|
| Termination Clause | Sets out notice or pay if employment ends. Many clauses fail if they don’t meet BC 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 BC. |
| 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 part — or all — of an employment contract is unenforceable:
- The invalid clause may be ignored
- Your rights may revert to common law
- You may be entitled to significantly more notice or pay
This often becomes critical after termination, when employers rely on contract language limit severance.
Should You Have an Employment Contract Reviewed?
You should speak to an employment lawyer if:
- You are asked to sign a new employment contract
- Your employer changes your role or compensation
- You are offered a contract after starting work
- You are terminated and your employer relies on a contract
A short review can clarify whether the contract is enforceable and how it affects your rights.
Speak to an Employment Contract Lawyer in British Columbia
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 BC can help clarify whether a contract or clause is enforceable and what the law actually requires