请问大家，我收到一个IT程序员的offer，permanent position，但是offer里面提到了，试用期是6个月，6个月内公司可以无条件，无理由开除员工。 因为我是初到加拿大，不知道这个条款正不正常，是不是对员工不太公平？
节选条款如下：
• Termination for Just Cause: Your employment may be terminated by the Employer at any time for just cause, without notice or payment in lieu of notice or severance pay whatsoever, except payment of outstanding wages and vacation pay earned to the date of termination.
• Termination Without Cause: Following your probation, your employment may be terminated by the Employer at any time and for any reason on a without cause basis, upon the provision of notice of termination, and severance pay if applicable, as is minimally required by the Employment Standards Act, 2000 of Ontario (“ESA”). At its discretion, the Employer may give you pay in lieu of notice, or a combination of both working notice and pay in lieu of notice.
The notice referenced in the above paragraph is inclusive of all statutory and common law entitlements to notice of termination or payment in lieu of that notice. In addition to the notice and/or payments referred to in the above paragraph, you shall be paid any outstanding vacation pay accrued to the end of the statutory notice period required by the ESA. You shall also be entitled to continuation of benefits during the statutory notice period required by the ESA after which all your benefits will cease.
You agree that upon satisfaction of the payments and notice requirements referred to in the above two (2) paragraphs, the employment relationship shall be wholly terminated and there shall be no further rights, obligations or payments to you.
• Lay-Offs: You may be laid off from time to time in accordance with the ESA.
• Resignation: You must give the Employer two (2) weeks’ notice of your resignation. The Employer may waive the resignation notice period in whole or in part at any time by providing payment of regular wages and benefits, if any, for the period so waived.
Non-Solicitation of Employees: You agree that during your employment with the
Employer and for a period of nine (9) months following the date of the termination of this Agreement, by either party and for any reason whatsoever, you will not either directly or indirectly on you own behalf or in the service or on behalf of others, solicit, divert or hire away or attempt to solicit, divert or hire away, to any business, any person who, at any time during the ninety (90) days prior to the termination of this Agreement, has been employed by the Employer.
Non-Solicitation of Clients: You further agree that you will not, during your period of employment or at any time during a period of nine (9) months following the date of the termination of this Agreement by either party and for any reason whatsoever, directly or indirectly, whether as a principal, agent, associate, employee, independent contractor, director, officer, or shareholder of a company or otherwise, solicit or aid in the solicitation of any client or supplier of the Company with whom you have had dealings by virtue of the employment relationship herein within the twelve (12) month period preceding the termination of this agreement.
节选条款如下：
• Termination for Just Cause: Your employment may be terminated by the Employer at any time for just cause, without notice or payment in lieu of notice or severance pay whatsoever, except payment of outstanding wages and vacation pay earned to the date of termination.
• Termination Without Cause: Following your probation, your employment may be terminated by the Employer at any time and for any reason on a without cause basis, upon the provision of notice of termination, and severance pay if applicable, as is minimally required by the Employment Standards Act, 2000 of Ontario (“ESA”). At its discretion, the Employer may give you pay in lieu of notice, or a combination of both working notice and pay in lieu of notice.
The notice referenced in the above paragraph is inclusive of all statutory and common law entitlements to notice of termination or payment in lieu of that notice. In addition to the notice and/or payments referred to in the above paragraph, you shall be paid any outstanding vacation pay accrued to the end of the statutory notice period required by the ESA. You shall also be entitled to continuation of benefits during the statutory notice period required by the ESA after which all your benefits will cease.
You agree that upon satisfaction of the payments and notice requirements referred to in the above two (2) paragraphs, the employment relationship shall be wholly terminated and there shall be no further rights, obligations or payments to you.
• Lay-Offs: You may be laid off from time to time in accordance with the ESA.
• Resignation: You must give the Employer two (2) weeks’ notice of your resignation. The Employer may waive the resignation notice period in whole or in part at any time by providing payment of regular wages and benefits, if any, for the period so waived.
Non-Solicitation of Employees: You agree that during your employment with the
Employer and for a period of nine (9) months following the date of the termination of this Agreement, by either party and for any reason whatsoever, you will not either directly or indirectly on you own behalf or in the service or on behalf of others, solicit, divert or hire away or attempt to solicit, divert or hire away, to any business, any person who, at any time during the ninety (90) days prior to the termination of this Agreement, has been employed by the Employer.
Non-Solicitation of Clients: You further agree that you will not, during your period of employment or at any time during a period of nine (9) months following the date of the termination of this Agreement by either party and for any reason whatsoever, directly or indirectly, whether as a principal, agent, associate, employee, independent contractor, director, officer, or shareholder of a company or otherwise, solicit or aid in the solicitation of any client or supplier of the Company with whom you have had dealings by virtue of the employment relationship herein within the twelve (12) month period preceding the termination of this agreement.
最后编辑: 2019-03-11
。但是假如产生纠纷,而雇佣方有无合理理由不继续雇佣,且频繁发生诸如到期就裁,同工不同酬,各省的Labour Relations Board 就会充分考虑以下指标是否超出时间,作为判定雇佣方是否滥用试用期,触犯劳工法规则的参考要素之一。
