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April 26, 2020 on chapter Recruitment

Changing a new employee’s start date

We recently hired a new employee and they begin working with us in 2 weeks. Due to COVID-19 affecting the business, we would like to delay the employment start date. Can we amend the employment contract start date?

You need the employee’s agreement to vary the start date (unless the contract itself provides for the employer’s right to delay the start date). Of course, you can indicate that is what the company wants. If the employee does not agree to it, then you can terminate the contract. If the notice period would have gone beyond the start date, you might have to pay in lieu for that portion.

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