Employment Agreement (Fixed Term) (Alberta) by OLL
Fixed-term employment agreement for Alberta employers
This document comes from OLL's library of vetted legal templates
EMPLOYMENT AGREEMENT [FIXED TERM]
This template is for the direct employment of an individual in Alberta for a defined term with a stated end date. It is employer-side: drafted to be offered by the Employer. This is not the indefinite-term template with an end date added — the early-termination exposure described below is unique to a fixed term. Not suitable for an independent contractor engagement (use independent-contractor-services), an indefinite role (use employment-full-time-indefinite), or a part-time role (use employment-part-time). Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.
Do NOT reuse the Ontario version of this template. Ontario's fixed-term early-termination case law (in particular the appellate authority commonly cited for balance-of-term damages) is Ontario-specific and is not cited here. Section 13 is drafted against the general common-law principle applicable to fixed-term contracts and against the Alberta Employment Standards Code, R.S.A. 2000, c. E-9 (the "Code") directly.
⚠️ Ending a fixed term early without an enforceable clause can cost more than terminating an indefinite employee. This is a general common-law principle, not one specific to any province: a fixed-term contract, ended before its stated end date without an enforceable early-termination clause, can expose the party who ended it to damages measured by the wages and benefits that would have been payable for the remaining balance of the term, rather than reasonable notice. Whether Alberta courts apply this the same way Ontario's appellate authority does — including on the availability of a duty to mitigate — is not confirmed here; I have not identified an Alberta authority in the registry I am confident enough in to state a settled rule, and I have deliberately not carried the Ontario case law over. Section 13 is drafted to reduce this exposure, but its effectiveness in Alberta has not been tested against a specific, verified authority.
⚠️ Termination-clause enforceability is uncertain and moving. The early-termination clause in section 13 must independently satisfy the Code minimums. How strictly an Alberta court will construe an ambiguous or partially deficient termination clause against the Employer is not settled here. Have section 13 checked against the current leading Alberta authority before each significant use, and always before a term extending more than a year.
⚠️ Existing employees need fresh consideration. If this Agreement is being introduced to someone who is already employed, or an existing indefinite employee is being moved onto a fixed term, Canadian courts generally require the Employer to give the employee something of genuine value in exchange. Moving an existing indefinite employee onto a fixed term is itself a significant change that may carry its own constructive-dismissal risk. Take advice before doing this.
THIS AGREEMENT is made as of [Date].
BETWEEN:
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