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Employee Retainer Agreement Template for Canada

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement for a senior software architect in Toronto who will work remotely for our tech startup starting March 2025, with a minimum commitment of 60 hours per month and specialized IP protection clauses."

Document background
The Employee Retainer Agreement is designed for situations where organizations need to secure ongoing access to professional services while maintaining flexibility in work arrangements. This document type is particularly relevant in the Canadian business context, where it must comply with both federal and provincial employment legislation. The agreement typically includes detailed provisions for retainer fees, work expectations, professional obligations, and benefits, while ensuring compliance with Canadian employment standards. It's commonly used for professional consultants, specialized technical roles, or advisory positions where regular but flexible engagement is required. The Employee Retainer Agreement differs from both standard employment contracts and independent contractor agreements by establishing a hybrid arrangement that provides stability for both parties while maintaining flexibility in work scheduling and commitment levels.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including the employer's business, the role to be filled, and the nature of the retainer arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Work Period', etc.

4. Scope of Services: Detailed description of the services to be provided by the employee under the retainer arrangement

5. Retainer Terms: Specifics of the retainer arrangement, including minimum hours, availability requirements, and response times

6. Compensation: Details of the retainer fee, payment schedule, and any additional compensation for work beyond the retainer scope

7. Term and Termination: Duration of the agreement and conditions for termination by either party

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Intellectual Property: Ownership and rights to work product created during the retainer period

10. Employee Status: Clarification of employment status, benefits eligibility, and tax treatment

11. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on working for competitors, used when employee has access to sensitive information or significant client relationships

2. Non-Solicitation: Restrictions on soliciting clients or employees, included when employee has significant client or team contact

3. Remote Work Provisions: Specific terms for remote work arrangements, included when work will be performed remotely

4. Equipment and Resources: Details about company-provided equipment and resources, included when employer provides specific tools or technology

5. Performance Metrics: Specific performance expectations and evaluation criteria, included when quantifiable metrics are part of the arrangement

6. Travel Requirements: Terms related to travel expectations and reimbursement, included when position requires travel

7. Training and Development: Provisions for ongoing training and professional development, included when specific certifications or skills maintenance is required

Suggested Schedules

1. Schedule A - Services Description: Detailed breakdown of services to be provided, including specific tasks and responsibilities

2. Schedule B - Compensation Structure: Detailed breakdown of retainer fee calculation, billing increments, and additional services rates

3. Schedule C - Benefits Package: Description of any benefits included in the retainer arrangement

4. Schedule D - Company Policies: Relevant company policies that apply to the retainer employee

5. Appendix 1 - Confidential Information: Specific list of confidential information and trade secrets covered by the agreement

6. Appendix 2 - Required Certifications: List of required professional certifications or qualifications

7. Appendix 3 - Approved Expenses: List of pre-approved expenses and reimbursement procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses
































Relevant Industries

Professional Services

Consulting

Technology

Healthcare

Legal Services

Financial Services

Engineering

Architecture

Education

Creative Industries

Management Advisory

IT Services

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Professional Services

Consulting

Technology

Research & Development

Strategic Planning

Relevant Roles

Senior Consultant

Technical Advisor

Legal Counsel

Professional Expert

Strategic Advisor

Project Manager

Software Architect

Medical Specialist

Financial Advisor

Engineering Consultant

Creative Director

Management Consultant

Subject Matter Expert

Professional Trainer

Technical Specialist

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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