Employment Agreement (Part-Time) (Ontario) by OLL

OLOpen Legal LibraryUpdated 18 Aug 2026

Other names:Job ContractContract of EmploymentEmployment AgreementEmployee ContractStatement of Terms

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.

⚠️ Existing employees need fresh consideration. If this Agreement, or a reduction in an existing employee's hours, is being introduced to someone who is already employed, Canadian courts generally require the Employer to give the employee something of genuine value in exchange. Signing an existing employee to reduced hours or a new termination clause for nothing in return risks the whole Agreement being unenforceable against them, and independently risks the reduction itself being treated as a constructive dismissal. Take advice before rolling this out to existing staff.

THIS AGREEMENT is made as of [Date].

BETWEEN:

[Employer Legal Name], [a corporation incorporated under the laws of [Province / Canada] / a sole proprietorship / a partnership] having its principal place of business at [Employer Address]

(the "Employer")

— and —

[Employee Legal Name] of [Employee Address]

(the "Employee")

(each a "Party" and together the "Parties")

WHEREAS the Employer wishes to employ the Employee on a part-time, indefinite basis, and the Employee has agreed to accept that employment on the terms set out below;

NOW THEREFORE in consideration of the mutual covenants below, the Parties agree as follows:

Position and Duties

The Employer employs the Employee in the position of [Job Title], reporting to [Title of Manager].

The Employee will perform the duties normally associated with the position of [Job Title], and any other duties reasonably assigned by the Employer from time to time, consistent with the Employee's skill and experience.

The Employee will devote their scheduled working time and attention to the Employer's business and will not, without the Employer's prior written consent, engage in any other employment or business activity that conflicts with the Employee's duties to the Employer or with the schedule in section 3.

The Employee represents that entering into this Agreement and performing their duties will not breach any agreement or obligation the Employee owes to a third party.

Unlike a full-time template, clause 1.3 should not assume the Employee has no other employer — many part-time employees hold more than one position. Only restrict outside work that creates a genuine conflict or scheduling clash.

Term and Probationary Period

The Employee's employment begins on [Start Date] and continues on an indefinite basis until terminated in accordance with section 13.

The first [Number] days of employment are a probationary period. During the probationary period, the Employer may terminate the Employee's employment at its discretion, subject to any minimum entitlement the Employee has already accrued under the ESA at the time notice is given.

Successful completion of the probationary period does not entitle the Employee to greater notice of termination than provided in section 13.

VERIFY the current ESA qualifying period for statutory notice entitlement and how it interacts with a contractual probationary clause of this length before relying on it.

Hours of Work and Scheduling

The Employee's regular scheduled hours are [Number] hours per week, scheduled as [Schedule / Days and Times], subject to section 3.2.

The Employer may vary the Employee's schedule and the specific days or hours worked within a range of [Minimum Number] to [Maximum Number] hours per week, on [Number] days' notice, to meet operational needs. A variation within this range is not a change to a fundamental term of employment.

The Employee's minimum guaranteed hours are [Number] hours per week [/ per pay period], below which the Employer will not schedule the Employee without the Employee's consent, except during a temporary reduction described in section 3.4.

Include if temporary reductions (e.g., for a slow season) are contemplated: The Employer may temporarily reduce the Employee's scheduled hours below the minimum in clause 3.3 for a period of up to [Number] weeks in a [12-month] period, for a genuine operational reason, on [Number] weeks' notice to the Employee. A reduction under this clause does not affect the Employee's entitlements under section 13 if it continues beyond the stated period or recurs so as to become, in substance, a permanent reduction.

The Employee [is / is not] required to be available on an on-call or call-in basis. Include if applicable and confirm any ESA call-in / three-hour pay rule is reflected in the Employer's scheduling practice, not only in this Agreement.

The Employee [is / is not] eligible for overtime pay under the ESA. Where eligible, overtime is paid in accordance with the ESA and the Employer's overtime policy.

This is the section that makes a part-time agreement different from a full-time one. Complete it with real numbers — a vague hours clause is the most common source of dispute in this agreement type, and an overly flexible one is what turns a schedule change into a constructive dismissal claim.

The range in clause 3.2 is the mechanism that is supposed to prevent an ordinary scheduling adjustment from being read as a constructive dismissal. Set the range to reflect genuine, foreseeable operational variation for the role — not so wide that it lets the Employer make what is, in substance, a significant cut while pointing to this clause. A change outside the range, or a pattern of scheduling consistently at the bottom of the range where the Employee was hired near the top, still carries constructive dismissal risk.

Compensation

The Employer will pay the Employee at the rate of [Amount] per hour, payable [bi-weekly / semi-monthly], less applicable statutory deductions and withholdings, based on hours actually worked.

Include if a discretionary bonus applies: The Employee may be eligible for a discretionary bonus, pro-rated to scheduled hours relative to a full-time equivalent, subject to the Employer's bonus plan then in effect. The Employer may amend or discontinue the bonus plan at its discretion.

The Employer may review the Employee's compensation from time to time. Nothing in this section obligates the Employer to increase compensation.

Vacation and Public Holidays

The Employee is entitled to the minimum vacation entitlement required by the ESA, [/ or [Number] weeks per year, whichever is greater], pro-rated to hours actually worked where the ESA permits pro-ration. Vacation pay is calculated in accordance with the ESA as a percentage of wages earned in the relevant period.

The Employee is entitled to public holiday pay in accordance with the ESA for each public holiday recognized under the ESA on which the Employee does not work. The ESA formula for public holiday pay already accounts for part-time and variable schedules by reference to average daily wages earned in the period before the holiday — the Employer will apply the formula as currently set out in the ESA rather than a flat daily rate.

VERIFY the current ESA vacation-pay percentage and how it applies to a part-time or variable-hours schedule before publishing.

Do not hard-code the ESA public holiday pay formula here. VERIFY it before it is relied on to calculate an actual payment.

Benefits

Include if the Employer offers group benefits to part-time staff: The Employee is eligible to participate in the Employer's group benefits plan once the Employee has averaged at least [Number] hours per week over the preceding [Number] weeks, subject to the terms of the plan and the approval of the insurer. This threshold is set by the Employer's benefit plan or insurer, not by statute — confirm the current threshold against the plan document, not this Agreement, before telling the Employee they qualify. The Employer may amend, replace or discontinue the plan at its discretion, on reasonable notice to the Employee where required by the plan or by law.

If the Employee's hours are reduced under section 3.4 and that reduction causes the Employee to fall below the eligibility threshold in clause 6.1, the Employer will give the Employee written notice of the resulting change in benefits eligibility before the reduction takes effect.

Business Expenses

The Employer will reimburse the Employee for reasonable, pre-approved business expenses properly incurred in performing the Employee's duties, on production of receipts and in accordance with the Employer's expense policy.

Workplace Policies

The Employee will comply with the Employer's policies and procedures, as amended from time to time and made available to the Employee. In the event of a conflict between a policy and this Agreement, this Agreement governs.

Include if the Employer has 25 or more employees: The Employer maintains a written policy on disconnecting from work as required by the ESA.

VERIFY the current employee-count threshold and compliance deadline mechanics before stating clause 8.2 applies. Confirm whether part-time employees count toward the threshold.

Confidentiality

"Confidential Information" means non-public information relating to the Employer's business that the Employee acquires in the course of employment, whether or not marked confidential, including business plans, customer and supplier information, pricing, technical information and personal information about the Employer's employees, customers or suppliers.

The Employee will keep Confidential Information confidential both during and after employment, use it only to perform their duties, and not disclose it to any third party without the Employer's prior written consent, except as required by law.

Section 9.2 does not apply to information that is or becomes public through no fault of the Employee, or that the Employee is required to disclose by law or by a court or regulator — provided the Employee gives the Employer prompt notice where lawful to do so.

Intellectual Property

All work product, inventions, designs, code, documents and other materials created by the Employee within the scope of their employment (the "Work Product") are owned by the Employer.

To the extent any Work Product is not automatically owned by the Employer by operation of law, the Employee assigns to the Employer all right, title and interest in it, including all copyright, effective on creation.

The Employee waives, in favour of the Employer and anyone claiming through the Employer, all moral rights in the Work Product.

Non-Solicitation

During employment and for [Number] months after the end of employment for any reason, the Employee will not directly solicit any employee of the Employer with whom the Employee had material contact during the last [Number] months of employment, for the purpose of employment elsewhere.

During employment and for [Number] months after the end of employment for any reason, the Employee will not directly solicit any customer of the Employer with whom the Employee had material contact during the last [Number] months of employment, for the purpose of providing services competitive with those of the Employer.

Section 11.2 does not prevent the Employee from responding to a general advertisement not directed at the Employer's customers.

This Agreement contains no clause restricting the Employee from working for, or starting, a competing business after employment ends. Under the ESA (as amended by the Working for Workers Act, 2021), a clause of that kind is void against a non-executive employee in Ontario, subject to a narrow exception this template does not use. Do not add that kind of clause to this section.

Keep the scope, duration and definition of "material contact" narrow and tailored to the actual role. An unreasonably broad non-solicitation clause risks being read, and struck down, as an unlawful restriction on the Employee's ability to earn a living elsewhere.

Return of Property

On the end of employment for any reason, or earlier on request, the Employee will return all property, equipment, documents and Confidential Information belonging to the Employer, and permanently delete any copies in the Employee's possession or control that cannot be physically returned.

Termination of Employment

Termination by the Employer Without Cause

Option A — ESA minimum only

The Employer may terminate the Employee's employment at any time without cause, on providing the Employee with the minimum notice of termination, or pay in lieu of notice, and severance pay (if applicable), required under the ESA, calculated based on the Employee's length of service and regular wages as of the date notice is given. During the statutory notice period, the Employer will continue the Employee's participation in any benefit plan required to be continued under the ESA, and will make any other payment or provide any other entitlement required under the ESA. This Agreement provides no greater entitlement to notice, pay in lieu of notice, severance pay, or any other payment or benefit on termination without cause than the ESA requires.

Option B — Enhanced contractual notice

The Employer may terminate the Employee's employment at any time without cause, on providing the Employee with the greater of (a) [Number] weeks' written notice, or pay in lieu of notice, and (b) the minimum notice of termination, or pay in lieu of notice, and severance pay (if applicable), required under the ESA, calculated based on the Employee's length of service and regular wages as of the date notice is given. During the applicable notice period, the Employer will continue the Employee's participation in any benefit plan required to be continued under the ESA for at least the statutory notice period, and will make any other payment or provide any other entitlement required under the ESA.

In no event will the Employee receive, on termination without cause, less than the Employee's minimum entitlements under the ESA.

Termination by the Employer for Cause

The Employer may terminate the Employee's employment at any time, without notice, pay in lieu of notice, or severance pay, for cause.

For the purposes of this section, "cause" means conduct that constitutes wilful misconduct, disobedience, or wilful neglect of duty that is not trivial and has not been condoned by the Employer, as that standard is defined under the ESA and its regulations.

Resignation by the Employee

The Employee may resign on providing the Employer with [Number] weeks' written notice. The Employer may, at its discretion, accept the resignation effective immediately or at any point during the notice period, with pay in lieu of the remainder of the notice period, or may require the Employee to work through all or part of the notice period.

Constructive Dismissal

A significant, unilateral change by the Employer to a fundamental term of the Employee's employment — including a reduction in scheduled hours outside the range in clause 3.2, compensation, position, or work location — may, at common law, be treated as a termination of the Employee's employment by the Employer, regardless of the Employer's characterization of the change. Nothing in this Agreement is intended to authorize such a change.

Effect of Termination

On the end of employment for any reason, the Employer will pay the Employee all wages, accrued and unused vacation pay, and any other amount earned up to the date employment ends, together with any amount owing under section 13.1 or 13.3, as applicable.

Sections 9, 10, 11 and 15 survive the end of employment.

Use Option A if the Employer wants the Employee's without-cause entitlement capped at the ESA minimums. Use Option B if the Employer wants to offer a fixed, enhanced contractual notice period instead. Delete whichever option does not apply, and renumber.

As with the full-time template, do not rely on clause 13.2 alone to save an otherwise ESA-offside termination scheme. See the enforceability warning at the top of this template.

VERIFY the current regulatory wording (O. Reg. 288/01) before relying on clause 13.3.2 in a specific dismissal. This ESA standard is narrower than common-law just cause.

Check the surviving-section list against the final numbering after optional clauses are deleted.

Notices

Notices under this Agreement must be in writing and delivered to the address set out above, or to any other address a Party notifies in writing. Notice is deemed received on delivery if delivered personally or by email, or [Number] business days after mailing if sent by prepaid mail.

General

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. The Parties attorn to the exclusive jurisdiction of the courts of Ontario.

This Agreement is the entire agreement between the Parties relating to the Employee's employment and supersedes all prior discussions, negotiations and agreements, whether written or oral, relating to that subject matter.

No amendment to this Agreement is effective unless in writing and signed by both Parties. Continued employment following a proposed amendment is not, by itself, acceptance of that amendment.

A failure or delay by a Party in exercising a right under this Agreement is not a waiver of that right.

If a provision of this Agreement, other than a provision within section 13, is held unenforceable, it is severed and the remainder of this Agreement continues in force.

This Agreement may be executed in counterparts and delivered electronically, each of which is an original and all of which together form one agreement.

Clause 15.5 deliberately excludes section 13 from the general severability clause. Under Waksdale, a severability clause does not rescue an ESA-offside termination scheme. Do not extend clause 15.5 to section 13.

IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

[Employee Legal Name]

Per: ______________________

Signature: ______________________

Name: [Name]

Name: [Name]

Title: [Title]

I have authority to bind the Employer.

Schedule A — Key Terms Summary

Complete this Schedule before execution. In case of conflict with the body of this Agreement, this Schedule is for reference only and does not override the body — resolve any conflict by correcting the Schedule to match the body.

Position: [Job Title]

Reports to: [Title of Manager]

Start date: [Start Date]

Probationary period: [Number] days

Regular scheduled hours per week: [Number]

Scheduling variation range: [Minimum Number]–[Maximum Number] hours/week

Minimum guaranteed hours: [Number] hours per week

Primary work location: [Address / Remote / Hybrid]

Hourly rate: [Amount]

Benefits eligibility threshold (if any): [Number] hours/week averaged over [Number] weeks

Without-cause notice option selected: [Option A — ESA minimum only / Option B — Enhanced: [Number] weeks]

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Document info
GitLaw document. Document created on Mon Aug 17th, 2026. Last updated on Tue Aug 18th, 2026.
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Licensed under CC BY 4.0 (Attribution).
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