What is the duration of the contract? Most employment contracts have a “start date” and then a “termination date” or a method to end the employment relationship. It is important that you know the duration, as there may be certain applications of the agreement that only start on an initial date, and your agreement may terminate automatically, which may void certain obligations, rights, and responsibilities even if your employment is maintained (e.g.B your restrictive agreement; see below). From the client`s perspective, it may be important that a contractor`s relationship be established in order to prevent claims of unlawful termination of an employee under the Employment Standards Act in the event of the employee`s termination. To this end, the agreement should contain clear language indicating that the employee is not a worker, that he or she is not entitled to workers` benefits, and that he or she must manage and pay all necessary public deductions. It is understandable that the practice director wants to protect his or her investment and the relationships he or she has had over the years. It is therefore not uncommon for the client to seek in the partnership agreement restrictive agreements that may restrict the partner`s ability to compete with the client`s practice or to use trade secrets otherwise. As a general rule, partnership contracts provide for the industry standard of three months` notice between the two parties. From time to time, a practitioner will ask for more than that – four or six months` notice from the partner – or will even try to bind the partner to the contract for a longer period, perhaps up to two years. Top tip: You need to think carefully before agreeing on notice periods that go beyond industry standards or entering into a fixed-term contract. You can ask the practitioner to explain why they want more notice than usual. You may be willing to accept a longer notice period if the practitioner has a good reason to request one – a lack of staff in the area that, for example, complicates recruitment.
But beware, six or twelve months may seem like a long period of time when you made the decision to leave a practice, and the relationship between you and the practitioner may no longer be what it used to be. Do you have a salary? If so, when are the salary payment dates? Is it an annual salary? Every month? A day fee? Every hour? Is it your salary instead of production? In other words, do you receive more remuneration (for example. B a bonus) if you produce at a higher level, and vice versa, will your salary be reduced if you do not meet certain production targets? How is the bonus determined? Including an example as proof of agreement can be helpful. If the parties intend to characterize the partner as an independent contractor, it is recommended that the contract have a predetermined and determined duration, at which the contract can be renewed for other conditions, as agreed between the parties. . . .