Notice of termination has be in writing if an employee has been employed for greater than 3 months.
(section 52.(1) of the Labour Standards Act)
During the first 3 months of employment, no notice of termination is required to be given by either party.
(section 55.1(1) of the Labour Standards Act)
Unless both parties argree, the employer shall not require, nor shall the employee take vacation as the notice period.
(section 12.(1) of the Labour Standards Act)
No, notice is not required either by employee or employer.
(section 12 of the Labour Standards Regulations)
Yes, the same amounts of advance written notice required for termination of employment must be provided for any temporary layoff exceeding one week.
(section 52.(2) of the Labour Standards Act)
Notice of Termination is not required in the following circumstances:
Where the employee has:
(section 53.(1) of the Labour Standards Act)
There are cirsumstances when an employee may quit without giving notice but before an employee takes action, he/she 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)
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)
Only if the employee gives consent to the employer allowing the employer to withhold the correct amount of wages in lieu of notice. If the employee does not agree, then the employer is required to deposit the amount of the wages in question into the Unpaid Wages Account and the Director of Labour Standards will determine the issue in accordance with the Labour Standards Act.
(section 54.(2) of the Labour Standards Act)
What is a group termination of employment?
A group termination is the the termination of the employment of 50 or more employees in a four (4) week period.
(section 57.(1) of the Labour Standards Act)
Are notice requirements different in a group termination of employment situations?
The Act requires written notice of intention to 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 of 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 to 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)
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)