The responsibility of the occupants should also be taken into account. An employee may be liable under the Occupier Responsibility Act and, therefore, sufficient liability insurance for personal injury (slips and cases, etc.) should be agreed upon by the client and verified by the partner. If, after proper negotiations, they fail to agree on a treaty that they are satisfied with and still contains provisions which, for them, are “red lines” that they could not accept or could not respect properly, they may have to choose to adopt a different position. We explain to the partners that if they were to violate one of the clauses at a later date and the owner of the practice would suffer financial losses, they could be entitled to a right because of the losses resulting from the infringement. In the Lyons/Multari case, the common law on restrictive alliances has changed considerably. In that case, coincidentally, they were two dentists, and the question before the court (and then the Court of Appeal) was whether a restrictive pact limiting the ability of a deceased employee to compete with the client was enforceable. The restrictive confederation is simple: in general, the associated contracts provide for the sectoral standard of three months` notice for both parties. From time to time, a firm owner will ask for more – four or six months of termination of the employee – or even try to tie him to the contract for a long period of time, perhaps up to two years. Top tip: You need to think carefully before you declare yourself ready to meet deadlines that exceed industry standards or to enter into a fixed-term contract. You can ask the exercise owner to explain why they are asking for a longer notice period than usual. You may be willing to accept a longer notice period if the practitioner has a good reason to ask for one – a shortage of staff in the area, which complicates recruitment, for example. Be careful though, six or twelve months may feel like a long time if you have made the decision to leave a practice and the relationship between you and the owner of the firm may no longer be what it used to be. If you are an associate dentist, you can consult a written employment contract containing confusing terms and conditions.
Kevin A. Shea, JD, talks about five things to consider before signing. To reach an agreement, it often takes some negotiation. If you are presented with a contract that seems distorted for the benefit of the owner of the firm, that exposes you to an increased risk or does not reflect your needs, do not hesitate to speak out! Before contacting the practitioner, you should learn a little about the practice and position from which you are negotiating – how quickly the firm needs a dentist on duty; Lack of dental care in the area How many other employees are paid on site? The answers to these questions may mean that you are in a stronger position to negotiate the removal or modification of certain conditions. During each negotiation, you should prioritize the clauses that are most important to you – don`t be spared in discussions about clauses that are not “deal breakers.”