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Debra
Debra, Lawyer
Category: Canada Law
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BC, Canada employment contract that I've been given new

Customer Question

BC, Canada employment contract that I've been given for a new role.
Questions:
- the vacation section seems unclear. Is it unlimited days, or 10 days?
"In addition to the announced statutory holidays in British Columbia, Canada, you will be entitled to 10 working days annual vacation leave in each calendar year. This entitlement will be prorated for any incomplete year of service. Please note that the Company currently has an unlimited vacation policy. Company might at its sole discretion; change this policy from time to time."
- the IP clause seems to say that anything created, even on my own time, will be owned by the company?
"You acknowledge that all intellectual property rights subsisting in or attaching to anything conceived, created or reduced to practice by you at any time in the course of your employment with the Company, whether or not made during or after working hours, on or off Company’s premises, along or with others, in whatever form or media (including, for the avoidance of doubt, any research, reports, productions, inventions, discoveries, creations, designs, know-how, computer programs or technical or commercial information whether before or after the date hereof) shall belong to and vest in the Company absolutely to the fullest extent permitted by law without additional payment to you. If, for any reason, you are considered the author or producer of these materials, you hereby irrevocably assign to the Company all legal, equitable and moral right, title and interest you may have in them and agree to execute all documents and provide such assistance as may be reasonably required by the Company to effect such assignments.
Your further agree to inform any subsequent employers of your obligations hereunder.
The types of media in which the Company may use and materials you conceive or create may change, and you expressly acknowledge that the Company's right to exploit the materials will extend to any such media."
- it is a fixed duration contract. I haven't had one before. Am I correct that they do not have to provide written evidence of their decision to renew, or not renew, at any time before the expiration date? (ie 30 days before expiration)
"I am pleased to confirm our offer of fixed-term contract employment"
"The term of your employment will end on September 16th, 2016. At that time, the Company will re-evaluate your employment relationship, and will have the options of offering you another contract extension or permanent, full-time employment with the Company or terminating your employment relationship with the Company at the end of the contract period."
From another section:
"This contract is for a fixed term and will expire on the anniversary of your start date."
Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You have ten days paid for your vacation during the year. You also have statutory holidays.

You are giving up your rights to own any intellectual property no matter where or when you create it during the term of your contract. They are saying it includes anything you create in your own time in your own home.

The contract is for one year only. They say they will tell you if they want to renew it, or make you a permanent employee or decide you will leave when it ends. They do not have to give you any notice either way.

I have to go to bed but will answer back any follow-up questions in the morning.

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