Are there any employment contracts that have to be in writing?

Yes. Although most employment arrangements are contractual in nature, yet are not in writing. However, there are important exceptions. For example, under the Apprenticeship Program Regulation in Alberta, apprenticeship contracts have to be in a form acceptable to the Executive Director of the Apprenticeship Program, which probably means that they must be written.

Also, under an old law called the Statute of Frauds, contracts that cannot be completed within one year (in other words a contract of employment for a fixed term of more than one year) must be in writing. This does not mean that such a contract is invalid if not written, but it may be hard to enforce the contract as the Statute of Frauds can be used as a defence to enforcement.

It can be much harder to prove what the terms of an unwritten contract actually are, since the employer and employee may have different recollections of what was discussed and different understandings of what the contract terms were.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.