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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About this template
What is this template?
This is a permanent part-time employment contract specifically for the province of Ontario. It contains a scheduling variation mechanism to mitigate constructive dismissal risks and a termination clause designed to track the Employment Standards Act, 2000. It is not an independent contractor agreement or a fixed-term contract.
When should you use it?
Use this when hiring a part-time employee in Ontario on an indefinite basis where hours may fluctuate between a set minimum and maximum. If the role is for a set duration, use an employment-fixed-term agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Term and Probationary Period | Employment continues on an indefinite basis following a probationary period of [Number] days. |
| 3 | Hours of Work and Scheduling | The Employer may vary scheduled hours within a range of [Minimum Number] to [Maximum Number] on [Number] days' notice. |
| 4 | Compensation | The Employee is paid [Amount] per hour, payable bi-weekly or semi-monthly, based on hours actually worked. |
| 5 | Vacation and Public Holidays | Entitlements are calculated as a percentage of wages earned in accordance with the minimum standards of the ESA. |
| 6 | Benefits | Eligibility for group benefits requires the Employee to average at least [Number] hours per week over a defined period. |
| 8 | Workplace Policies | The Employer maintains a written policy on disconnecting from work if they employ 25 or more employees. |
| 11 | Non-Solicitation | The Employee is restricted from soliciting customers and staff for [Number] months following the end of employment. |
| 13 | Termination of Employment | The Employer may terminate without cause by providing the greater of [Number] weeks' notice or the statutory ESA minimum. |
Who it's for
- an Ontario employer hiring an individual for scheduled hours below the standard full-time week
- a company needing scheduling flexibility for staff within a defined range of hours per week
- an employer requiring non-solicitation protections while complying with Ontario's ban on non-compete clauses
- an organization hiring part-time staff where benefits eligibility depends on meeting specific hourly thresholds
How long it runs and how it's signed
Law it's drafted under
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