Yes, the notice of termination has to be in writing if an employee has been employed for 3 months or more.
(section 52.(1) of the Labour Standards Act)
The amount of notice to be given by either the employer or employee is based on continued years of service:
|Period of employment||Amount of advance written notice required|
|Less than 3 months||none|
|Between 3 months and 2 years||1 week|
|Between 2 and 5 years||2 weeks|
|Between 5 and 10 years||3 weeks|
|Between 10 and 15 years||4 weeks|
|15 or more years||6 weeks|
(section 55.1(1) of the Labour Standards Act)
Unless both parties agree, the employer shall not require, nor shall the employee take vacation as the notice period.
(section 12.(1) of the Labour Standards Act)
No, employers and employees in construction industry are not required to give notice of termination.
(section 12 of the Labour Standards Regulations)
Yes, the same amounts of advance written notice are required for termination of employment and must be provided for any temporary layoff exceeding 1 week.
(section 52.(2) of the Labour Standards Act)
Yes, but only if the collective agreement or the written contract of service is silent on notice, or if the period in the agreement or contract that is required to be given is not the same for the employer and employee.
(section 51. of the Labour Standards Act)
There are circumstances when an employee can quit without giving notice but before an employee takes action, they should contact the Labour Standards Division. Some examples of circumstances that would justify an employee terminating employment without notice are:
(section 54.(1) of the Labour Standards Act)
Notice of termination is not required:
Where the employee
Where the employer
(section 53.(1) of the Labour Standards Act)
Within 1 week from the date of termination, an employee must be paid:
(section 33 of the Labour Standards Act)
Pay in lieu of notice is the payment of the employee's normal wages if the appropriate written notice (depending on the employee's years of service) is not given upon termination.
(section 53.(1)(b) of the Labour Standards Act)
If an employee does not provide proper written notice, the employer may withhold the approved amount of wages in lieu of notice. If the employee does not agree with the wages being withheld, either party can contact the Labour Standards Division to have the matter addressed in accordance with the Act.
(section 54.(2) of the Labour Standards Act)
A group termination of employees is the termination of the employment of 50 or more employees in a 4 week period.
(section 57.(1) of the Labour Standards Act)
The Act requires written notice of terminate be given to each employee. The periods of notice are:
Written notice must also be given to the Minister responsible for the Labour Relations Agency immediately after serving notice on the employees. In that notice, the Minister must be made aware of the number of employees involved, the period of notice involved and the reason for the mass termination of employment. If notice is not given to the Minister, no action can be taken by the employer to terminate the services of those employees. Although the employer provides a notice of intention to terminate the employees, the employer must also give the written notice of termination within the specified time limits.
(section 57.(3)(4)(5) of the Labour Standards Act)