Employment Agreement (Part-Time) (Ontario) by OLL
EMPLOYMENT AGREEMENT [PART-TIME]
This template is for the direct, part-time employment of an individual in Ontario — a role with scheduled hours below the Employer's standard full-time week. It is employer-side: drafted to be offered by the Employer. This is not the full-time template with a number changed: scheduling, minimum-hours guarantees, pro-rated entitlements and benefits-eligibility thresholds are substantively different and are the reason this template exists separately. Not suitable for an independent contractor engagement (use independent-contractor-services), a fixed-term role (use employment-fixed-term), or a full-time indefinite role (use employment-full-time-indefinite). 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.
⚠️ Reducing a part-time employee's hours can be a termination. A significant, unilateral reduction in a part-time employee's scheduled hours — or a significant change to their schedule — can amount to a constructive dismissal at common law, entitling the employee to the same notice, pay in lieu, or damages as an outright termination, even though the employee was never told they were being let go and even though some hours of work continue. This risk is specific to, and elevated for, part-time arrangements, because a proportionally large cut to a smaller base of hours is more likely to be found significant than the same percentage cut for a full-time employee. Section 3 is drafted to reserve scheduling flexibility within a defined range for this reason — do not use it to make cuts larger than the range without treating that as a termination event and following section 13.
⚠️ This area of law is enforceability-volatile. Ontario courts read a termination clause as a single scheme. If any one provision anywhere in that scheme falls below the minimum standards set by the Employment Standards Act, 2000 (the "ESA"), courts have held that the entire termination clause is void, including the parts that comply on their own, and a severability clause does not rescue it (Waksdale v. Swegon North America Inc., 2020 ONCA 391, leave to appeal to the SCC denied). If the clause is void, the Employee is entitled to reasonable notice at common law instead, which can be substantially larger (Machtinger v. HOJ Industries Ltd., [1992] 3 S.C.R. 1086). Section 13 is drafted to track the current statutory floor rather than hard-coding numbers, but the case law interpreting what "tracks the floor" means keeps moving. Do not treat section 13 as safe because it was once reviewed — have it checked again before each significant use.
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