Employment Agreement (Fixed Term) (British Columbia) by OLL
EMPLOYMENT AGREEMENT [FIXED TERM]
This template is for the direct employment of an individual in British Columbia 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 BC Employment Standards Act, R.S.B.C. 1996, c. 113 (the "ESA") 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 British Columbia 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 a BC 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 BC 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 BC ESA minimums. How strictly a BC 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 BC 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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About this template
What is this template?
This is a fixed-term employment contract governed by British Columbia law. It contains specific warnings about balance-of-term damages for early termination and provides two distinct options for termination notice. It is not suitable for independent contractors or for use in Quebec.
When should you use it?
Use this when hiring a direct employee for a project or time-limited role in BC. Use the independent-contractor-services template instead if the worker is a business providing services rather than an integrated employee.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Position and Duties | The Employee performs duties associated with a specific job title and must devote their full working time and attention to the Employer's business. |
| 2 | Term, Renewal and Non-Renewal | Employment starts on a [Start Date] and ends on an [End Date], terminating automatically without further notice or pay unless renewed in writing. |
| 9 | Confidentiality | The Employee must keep non-public information confidential during and after employment, with an exception for disclosures required by law or regulators. |
| 10 | Intellectual Property | The Employer owns all materials created by the Employee within their scope of employment, and the Employee waives all moral rights. |
| 13 | Early Termination | The Employer may terminate without cause by providing the greater of a specific [Number] of weeks or the BC ESA minimums. |
| 15.1 | Governing Law | The laws of British Columbia and the federal laws of Canada apply, with the Parties attorning to British Columbia courts. |
Who it's for
- a British Columbia company hiring an individual for a defined period with a specific end date
- an employer needing to protect proprietary work product and confidential data in British Columbia
- a business requiring a non-solicitation covenant following the completion of a fixed-term contract
How long it runs and how it's signed
Law it's drafted under
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