Clause 1: General
As a candidate / applicant applying for employment through Medican Staffing Inc., I am fully aware and acknowledge that Medican Staffing is an employment agency that provides temporary employment services. I further acknowledge that during and at the completion of the application registration with Medican Staffing that I have been provided with documentation, including a Medican Staffing business card, all of which have the business name and contact information of the agency. If for any reason (s) I did not receive this business/ legal contact information of the agency, I acknowledge that it is my legal right to request such information.
Medican Staffing being a temporary employment agency, I am aware and acknowledge that employment opportunities offered to me may be for a limited term of less than three months or based on a specific task to be performed, at the completion of which the employment will end and accordingly, I will not be entitled to any termination notice pursuant to the Employment Standards Act, 2000 or any other statute or common law whatsoever. I further acknowledge that if I become entitled to any termination and or severance benefit, such benefit (s) will be pursuant to the Employment Standards Act, 2000, only. With this clear understanding of the employment policies of Medican Staffing Inc, I hereby declare my full agreement to be bound by any one and/ or all of the clauses of this agreement, and in confirmation thereof, I have accordingly affixed my signature to this agreement.
Clause 2: Candidate / Applicant
I, the undersigned do hereby acknowledge and agree that although I have completed Medican Staffing application process, including safety training and the filling out of other documents relating to the application and request for employment process, I have not commenced employment and that this process does not in any way whatsoever guarantee me employment with Medican Staffing Inc. now or anytime in the future.
I further acknowledge and agree that Medican Staffing has not yet attempted to assign me to a client and that it will contact me when such an attempt is about to be made, and then, once I am assigned and work on the assignment, my employment with Medican Staffing will commence.
Clause 3: Work Assignment 3 Months or More
I, the undersigned do hereby acknowledge and agree that if I am offered work assignment by Medican Staffing and I work continuously for a period of three (3) months or more, my employment may be terminated at any time with or without cause. I understand and agree that if my employment is terminated without cause I will only be entitled to notice of termination or pay in lieu thereof, and severance pay (if applicable), pursuant to the Employment Standards Act, 2000.
Clause 4: Work Assignment Less than 3 Months
I, the undersigned do hereby acknowledge and agree that if I am offered employment by Medican Staffing that such employment may be for a limited term of up to 3 months or for a specified task of less than 3 months, following which my employment will automatically end and there will be no entitlement to notice of termination or pay in lieu thereof, nor severance pay whatsoever, pursuant to contract, statute (including but not limited to the Employment Standards Act, 2000), and the common law.
Clause 5: Employees Requirement to contact Agency when assignment ends/prolonged period of non-assignment:
I, the undersigned do hereby acknowledge and agree that as an assignment employee with a client of Medican Staffing, it is my responsibility to contact the agency by phone, email or in writing at least once on the first working day of the week immediately following the week of my last assignment, to report that my assignment with the client has ended and that I may be on a prolonged period of non-assignment and to confirm my availability to work. I further acknowledge and agree that if I do not contact the agency, as herein required, to report that my assignment with the client has ended and that I am available to work and one working week following my last assignment has elapsed, I will be deemed to have abandoned my employment with the agency and/or there will be just cause for my termination and accordingly, I will not be entitled to notice of termination or pay in lieu thereof, nor severance pay (if applicable), pursuant to contract, statute (including but not limited to the Employment Standards Act, 2000) and the common law.
Clause 6: Employees Availability to Work
I further acknowledge and agree that if I fail to contact the agency by phone, e-mail or in writing on at least 3 working days in any one week to confirm my availability to work, I will be deemed to have been unavailable to work for that week for the purposes of the Employment Standards Act, 2000. Further, I acknowledge and agree that if I fail to contact the agency by phone, email or in writing on at least six (6) working days in two consecutive weeks to confirm my availability to work, I will be deemed to have abandoned my employment with the agency and/or there will be just cause for my termination and accordingly, I will not be entitled to notice of termination or pay in lieu thereof, nor severance pay (if applicable), pursuant to contract, statute (including but not limited to the Employment Standards Act, 2000) and the common law. I further acknowledge and agree that if I am unavailable to work for two (2) consecutive assignments or any three (3)assignments in a three (3) month period, I will be deemed to have abandoned my employment and/or there will be just cause for my termination and accordingly, I will not be entitled to notice of termination nor pay in lieu thereof, and severance pay (if applicable) pursuant to contract, statute (including but not limited to the Employment Standards Act 2000) and the common law.
For the purpose of validating clauses 5 and 6, Medican Staffing has implemented a log book to record the name, date and time of calls received from employees.
Clause 7: Work Assignment Information and Non-Solicitation
I, the undersigned do hereby acknowledge and agree that when an assignment is offered to me by Medican Staffing,I will be provided with the Medican Staffings contact information, as well as the name of the client I am being assigned to, their contact information, as well as the wage rate, hours of work, pay period, estimated term of the assignment if available, and a general description of the work to be performed. This information will be provided orally at the time it is initially provided, and in writing as soon as practical thereafter. If I do not receive this information with my first pay cheque, I have a responsibility to contact the office of Medican Staffing by phone, email or in writing to request a copy of this information.
I further acknowledge and agree not to solicit employment from any client of Medican Staffing to whom I have been assigned for a period of six (6) month following the termination of my employment with Medican Staffing.
Clause 8: Acknowledgement
It is acknowledged and agreed that this agreement will take precedent and/or supersede all other agreements and policies, written or implied, with Medican Staffing regarding its employment practices.
I do hereby declare that by affixing my signature hereunder, I have expressed my full agreement with the terms of this agreement as set out in Clauses 1 through 8.