Termination of Employment

Alberta - Termination of Employment

Termination of employment by employer - payment of earnings

9(1) When an employer terminates an employee’s employment by

(a) a termination notice under section 56,

(b) termination pay under section 57(1) instead of a termination notice, or

(c) a combination of a termination notice and termination pay under section 57(2), the employer must pay the employee’s earnings not later than 3 consecutive days after the last day of employment.

(2)  When an employer terminates an employee’s employment and no termination notice or termination pay is required to be given, the employer must pay the employee’s earnings not later than 10 consecutive days after the last day of employment.

1996 cE-10.3 s9

Termination of employment by employee - payment of earnings

10(1) When an employee terminates employment by giving a termination notice under section 58, the employer must pay the employee’s earnings not later than 3 consecutive days after the last day of employment.

(2) When an employee terminates employment and a termination notice is not required, the employer must pay the employee’s earnings not later than 10 consecutive days after the last day of employment.

(3) When an employee is required to give a termination notice but terminates employment without doing so, the employer must pay the employee’s earnings not later than 10 consecutive days after the date on which the notice would have expired if it had been given.

1996 cE-10.3 s10

Termination of Employment

Calculating length of employment for termination notice purposes

54. For the purposes of determining the correct termination notice to be given by an employer or employee or termination pay to be given by an employer, when an employee has been employed by the same employer more than once, the periods of employment with that employer are considered to be one period of employment if not more than 3 months has elapsed between the periods of employment.

1996 cE-10.3 s54

Options for employer to terminate employment

55(1)  Unless subsection (2) applies, an employer may terminate the employment of an employee only by giving the employee

(a)    a termination notice under section 56,

(b)    termination pay under section 57(1), or

(c)    a combination of termination notice and termination pay under section 57(2).

(2)  Termination notice is not required

(a)    to terminate the employment of an employee for just cause,

(b)    when an employee has been employed by the employer for 3 months or less,

(c)    when the employee is employed for a definite term or task for a period not exceeding 12 months on completion of which the employment terminates,

(d)    when the employee is laid off after refusing an offer by the employer of reasonable alternative work,

(e)    if the employee refuses work made available through a seniority system,

(f)    if the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment,

(g)    when the employee is employed under an agreement by which the employee may elect either to work or not to work for a temporary period when requested to work by the employer,

(h)    if the contract of employment is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer,

(i)    if the employee is employed on a seasonal basis and on the completion of the season the employee’s employment is terminated, or

(j)    when employment ends in the circumstances described in sections 62 to 64.

1996 cE-10.3 s55

Employer’s termination notice

56   To terminate employment an employer must give an employee written termination notice of at least

(a)    one week, if the employee has been employed by the employer for more than 3 months but less than 2 years,

(b)    2 weeks, if the employee has been employed by the employer for 2 years or more but less than 4 years,

(c)    4 weeks, if the employee has been employed by the employer for 4 years or more but less than 6 years,

(d)    5 weeks, if the employee has been employed by the employer for 6 years or more but less than 8 years,

(e)    6 weeks, if the employee has been employed by the employer for 8 years or more but less than 10 years, or

(f)    8 weeks, if the employee has been employed by the employer for 10 years or more.

1996 cE-10.3 s56

Termination pay

57(1)  Instead of giving a termination notice, an employer may pay an employee termination pay of an amount at least equal to the wages the employee would have earned if the employee had worked the regular hours of work for the applicable termination notice period.

(2)  An employer may give an employee a combination of termination pay and termination notice, in which case the termination pay must be at least equal to the wages the employee would have earned for the applicable termination notice period that is not covered by the notice.

(3)  If the wages of an employee vary from one pay period to another, the average of the employee’s wages for the 3‑month period immediately preceding the date of termination of employment is to be used to determine the employee’s termination pay.

1996 cE-10.3 s57

Termination of employment by an employee

58(1)  Except as otherwise provided in subsection (2), to terminate employment an employee must give the employer a written termination notice of at least

(a)    one week, if the employee has been employed by the employer for more than 3 months but less than 2 years, or

(b)    2 weeks, if the employee has been employed by the employer for 2 years or more.

(2)  Subsection (1) does not apply when

(a)    there is an established custom or practice in any industry respecting the termination of employment that is contrary in whole or in part to subsection (1),

(b)    an employee terminates employment because the employee’s personal health or safety would be in danger if the employee continued to be employed by the employer,

(c)    the contract of employment is or has become impossible for the employee to perform by reason of unforeseeable or unpreventable causes beyond the control of the employee,

(d)    the employee has been employed by the employer for 3 months or less,

(e)    the employee is temporarily laid off,

(f)    the employee is laid off after refusing an offer by the employer of reasonable alternative work,

(g)    the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment,

(h)    the employee is employed under an agreement by which the employee may elect either to work or not to work for a temporary period when requested to work by the employer, or

(i)    an employee terminates the employment because of a reduction in wage rate, overtime rate, vacation pay, general holiday pay or termination pay.

1996 cE-10.3 s58

Expediting termination of employment after an employee’s termination notice

59(1)  If an employee gives a termination notice that is the minimum notice required to be given by the employee and the employer wishes to terminate the employee’s employment before the end of the employee’s notice period, the employer must pay the employee an amount at least equal to the wages that the employee would have earned if the employee had worked the employee’s regular hours of work for the remainder of the notice period given by the employee.

(2)  If an employee gives a termination notice that is longer than the minimum notice required to be given by the employee and the employer wishes to terminate the employee’s employment before the end of the employee’s notice period, the employer must pay the employee an amount at least equal to the wages the employee would have earned if the employee had worked the employee’s regular hours for the remainder of the termination notice period that the employer is required to give to the employee under section 56.

1996 cE-10.3 s59

Continuation of employment after termination

60   A termination notice is of no effect if an employee continues to be employed by the same employer after the date specified for termination of employment.

1996 cE-10.3 s60

Earnings not to change after termination notice given

61(1)  Neither the wages, wage rate, nor any other term or condition of employment may be reduced by an employer between the time termination notice is given by the employer or employee and the date employment terminates, whether or not work is required to be performed during that period.

(2)  During the period between the date a termination notice is given by an employer or employee and termination of the employment, the employee remains employed by the employer unless

(a)    the employer gives the employee termination pay, or

(b)    the employer terminates employment of the employee

(i)    for just cause,

(ii)    if the employee is laid off after refusing an offer by the employer of reasonable alternative work,

(iii)    if the employee refuses work made available through a seniority system,

(iv)    if the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment, or

(v)    if the employment contract is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer.

1996 cE-10.3 s61

Layoff and Recall

Temporary layoff

62.  If an employer wishes to maintain an employment relationship without terminating the employment of an employee, the employer may temporarily lay off the employee.

1996 cE-10.3 s62

Termination pay after temporary layoff

63(1)  On the 60th consecutive day of temporary layoff, an employee’s employment terminates and the employer must pay the employee termination pay on that day.

(2) Subsection (1) does not apply if

(a) after the layoff starts, and by agreement between the employer and employee, an employer pays the employee wages or an amount instead of wages, in which case the employment terminates and termination pay is payable when the agreement ends;

(b)  the employer makes payments for the benefit of the laid‑off employee in accordance with a pension or employee insurance plan or the like, in which case employment terminates and termination pay is payable when the payments cease;

(c)  there is a collective agreement binding the employer and employee containing recall rights for employees following layoff, in which case employment terminates and termination pay is payable when the recall rights expire.

1996 cE-10.3 s63

Effect of failure to return to work after recall

64(1) If an employee fails to return to work within 7 consecutive days after being requested to do so in writing by the employer, the employee is not entitled to termination notice or termination pay if the employer decides to terminate the employee’s employment as a result of the employee’s failure to return to work in accordance with the recall notice.

(2) Subsection (1) does not apply to an employee bound by a collective agreement containing recall rights for employees following a layoff.

British Columbia - Termination of Employment

Part 8 — Termination of Employment

Canada (Federal) - Termination of Employment

Manitoba - Termination of Employment

TERMINATION OF EMPLOYMENT

Period of employment

60.1 For the purpose of this Division, a period of employment is to be determined in accordance with the regulations and the following rules:

1. Consecutive periods of employment, including periods of employment that began before this section came into force, are to be treated as a continuous period of employment.

2. Subject to the regulations, a person's period of employment includes the period of a temporary interruption in employment, including a temporary interruption that began before this section came into force,

(a) immediately before and after which the person was employed by the same employer;

(b) during which the person was not working for the employer, whether or not the person remained an employee during the period; and

(c) during which the person

(i) was entitled to return to work for the employer,

(ii) could be required to return to work for the employer, or

(iii) had a reasonable expectation of returning to work for the employer.

S.M. 2006, c. 26, s. 27.

SUBDIVISION 1

TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL

Termination by employer notice or wage in lieu of notice

61(1) Subject to section 62, an employer who terminates an employee's employment must

(a) give the employee notice of the termination

(i) in accordance with subsection 67(1) (notice period for group termination), if that subsection applies, or

(ii) in any other case, in accordance with the applicable notice period in subsection (2); or

(b) pay the employee a wage in lieu of notice, in accordance with sections 77 (amount of wage in lieu of notice) and 86 (wages to be paid within certain time).

Notice period termination by employer

61(2) For the purpose of subclause (1)(a)(ii), the notice period for terminating the employment of an employee is the applicable notice period set out in the following table for the employee's period of employment with the employer.

S.M. 2006, c. 26, s. 28.

Exceptions to notice requirements

62(1) Section 61 does not apply in any of the following circumstances:

(a) the employee's period of employment with the employer is less than

(i) the probationary period specified in a collective agreement that applies to the employee, if that period is one year or less, or

(ii) in any other case, 30 days;

(b) the employment is for a fixed term and terminates at the end of the term;

(c) the employee is employed for a specific task and for a period not exceeding 12 months, on completion of which the employment terminates;

(d) the employee is employed in construction;

(e) the employee is employed under an arrangement by which the employee may choose to work or not to work for a temporary period when requested to work by the employer;

(f) the employee is employed under an agreement or contract of employment that is impossible to perform or has been frustrated by a fortuitous or unforeseeable circumstance;

(g) the employee is on strike or has been locked out and the termination meets the requirements prescribed by regulation;

(h) the employee acts in a manner that is not condoned by the employer and that

(i) constitutes wilful misconduct, disobedience or wilful neglect of duty, or

(ii) is violent in the workplace, or

(iii) is dishonest in the course of employment;

(i) the employee has given the employer written notice of his or her intent to retire or quit on a specific date, and the employment is terminated on that date;

(j) the employer's business or the part of the business in which the employee is employed is sold or transferred, and the employee is immediately re-employed in the same business on terms and conditions that, as a whole, are equivalent to or better for the employee than those that applied to the employee before the sale or transfer;

(k) any other circumstances prescribed by regulation.

Termination by receiver-manager

62(2) If a receiver-manager, upon taking control of an employer's business, terminates the employment of an employee of the employer, the employer is deemed for the purpose of this Division

(a) to have terminated the employment; and

(b) to have given any termination notice that was given by the receiver-manager.

S.M. 2006, c. 26, s. 28.

Termination by employee

62.1(1) Subject to subsection (2), an employee who terminates his or her employment must give the employer notice of the termination at least

(a) one week before the termination, if the employee's period of employment is less than one year; or

(b) two weeks before the termination, if the employee's period of employment is one year or more.

Termination without notice by employee

62.1(2) Subsection (1) does not apply in the following circumstances:

(a) any of the circumstances described in clauses 62(1)(a) to (g);

(b) the employer acts in a manner that is improper or violent toward the employee;

(c) any other circumstances prescribed by regulation.

S.M. 2006, c. 26, s. 28.

63 to 65   Repealed.

S.M. 2006, c. 26, s. 29.

SUBDIVISION 2

TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES

Meaning of "affected employees"

66. In this Subdivision, "affected employees" means employees whose employment is terminated or is to be terminated and in respect of whom notice is required to be given under subsection 67(1).

Notice of intent to terminate employment of 50 or more employees

67(1) If an employer terminates or intends to terminate the employment of 50 or more employees who are entitled under section 62 to notice of the termination or a wage in lieu of notice, and the terminations will occur within a four-week period, the employer must give the minister at least the following amount of written notice before the date on which the first termination is to take effect:

(a) 10 weeks, if there are no more than 100 affected employees;

(b) 14 weeks, if there are more than 100 and fewer than 300 affected employees;

(c) 18 weeks, if there are at least 300 affected employees.

67(2) Repealed, S.M. 2006, c. 26, s. 30.

Employer to give copy of notice to certain persons

67(3) An employer giving notice under subsection (1) shall immediately

(a) give a copy of the notice to the bargaining agent for the affected employees; and

(b) if any of the affected employees do not have a bargaining agent, give a copy of the notice to each of them or post the notice in conspicuous places at the work place.

Content of notice

67(4) A notice under subsection (1) must include the following:

(a) the effective dates of the terminations;

(b) the reasons for the terminations;

(c) for the purpose of subsection 71(1) (joint planning committee), the nomination of at least two individuals to represent the employer on a joint planning committee;

(d) the estimated number of affected employees in each occupational classification;

(e) any other prescribed information.

S.M. 2006, c. 26, s. 30.

Individual notice required under Subdivision 1

68(1) A notice given or posted by an employer under subsection 67(3) constitutes notice to an employee for the purpose of Subdivision 1 only if the employee is identified in the notice and the length of notice meets the requirements of that Subdivision.

68(2) Repealed, S.M. 2006, c. 26, s. 31.

S.M. 2006, c. 26, s. 31.

Minister may exempt employees

69. The minister may, on application, by order waive the application of subsection 67(1) (notice to the minister) to affected employees or a class of affected employees, subject to any terms or conditions specified in the order, where the minister is satisfied that the application is

(a) unduly prejudicial to the interests of the employees or a class of employees;

(b) unduly prejudicial to the interests of the employer; or

(c) seriously detrimental to the operation of the business of the employer.

Employer and agent to co-operate with minister

70. An employer that gives notice to the minister under subsection 67(1) and a bargaining agent that is given a copy of the notice under clause 67(3)(a) shall co-operate with the minister in any action or program initiated by the minister to eliminate the necessity for terminating the employment of the affected employees, and to facilitate the reinstatement of employees whose employment is terminated.

JOINT PLANNING COMMITTEE

Minister may appoint joint planning committee

71(1) The minister may, in respect of a notice given by an employer under subsection 67(1), establish a joint planning committee and appoint the members of the committee, as follows:

(a) not less than two individuals nominated by the employer under clause 67(4)(c) to represent the employer;

(b) subject to subsection (2), a number equal to the number appointed under clause (a), to represent the affected employees;

(c) any other individuals the minister considers suitable to serve on the committee and who do not represent the employer or the affected employees.

Appointment of employees' representatives

71(2) The minister shall appoint the individuals referred to in clause (1)(b)

(a) if the affected employees are represented by a bargaining agent, from among individuals nominated by the bargaining agent; or

(b) if the affected employees are not represented by a bargaining agent, from among individuals nominated by the employees.

Employees to elect individuals for nomination

71(3) For the purpose of clause (2)(b), the affected employees shall elect individuals for nomination, and the employer shall assist the employees to arrange the election.

Joint planning committee to have co-chairs

71(4) A joint planning committee shall have two chairpersons, one elected by the members appointed under clause (1)(a) and one elected by the members appointed under clause (1)(b).

Minister may provide terms of reference

72(1) The minister may provide the joint planning committee with a statement of matters to be considered by the committee and a date by which the committee is to report to the minister on the matters.

Procedure

72(2) A joint planning committee may determine its own procedure.

First meeting

72(3) The members of a joint planning committee shall meet within seven days after the committee is constituted.

Employer to give employee time off for committee

73. The employer of an affected employee who is a member of a joint planning committee

(a) shall give the employee any time required during the employee's working hours to attend committee meetings and to carry out the functions of a committee member; and

(b) shall pay the employee for those hours as if they were regular hours of work for the employee.

Objectives of joint planning committee

74. The objectives of a joint planning committee are to develop on a co-operative basis an adjustment program to eliminate the need to terminate the employment of the affected employees, to minimize the impact of termination on employees whose employment is terminated and to help the terminated employees obtain other employment.

Employer and employees to assist joint committee

75. When a joint planning committee is established, the employer, the affected employees and any bargaining agent representing the employees shall cooperate with the committee and assist it to attain its objectives, and shall provide the committee with such information as the committee reasonably requires.

SUBDIVISION 3

WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS

Employer not to change conditions after notice

76. After an employer or employee gives the other notice of termination of employment, the employer must not change the employee's working conditions or wage rates except

(a) in accordance with a collective agreement; or

(b) in the case of a termination to which section 67 applies, with the written consent of the bargaining agent for the employee or, if the employee does not have a bargaining agent, with the written consent of the employee.

S.M. 2006, c. 26, s. 32.

Wage in lieu of notice

77. The wage in lieu of notice payable under clause 61(1)(b) must not be less than the wage the employee would have earned during

(a) the applicable notice period under subsection 61(2) or 67(1); or

(b) if a termination notice was given for less than the applicable notice period, the portion of the notice period for which notice was not given;

if the employee had worked his or her regular hours of work for the period.

S.M. 2006, c. 26, s. 33.

Termination by employer after employee gives notice

77.1(1) If an employee gives an employer a termination notice and the employer wishes to terminate the employment before it would otherwise be terminated by the employee,

(a) the employer must comply with section 61; and

(b) in applying sections 61 and 77, the applicable notice period is

(i) the applicable notice period under subsection 61(2) or 67(1), or

(ii) the period beginning when the employer gives notice of the termination and ending when the employment would otherwise be terminated by the employee, whichever is shorter.

Termination by employee after employer gives notice

77.1(2) If an employer gives an employee a termination notice and the employee wishes to terminate the employment before it would otherwise be terminated by the employer, section 62.1 applies to the employee.

New Brunswick - Termination of Employment

Newfoundland and Labrador - Termination of Employment

PART X
NOTICE OF TERMINATION

Interpretation

49. (1) In this Part

(a)  "temporary lay-off" means a lay-off of not more than 13 weeks in a period of 20 consecutive weeks; and

(b)  "termination of employment" means a lay-off of a person for a period longer than a temporary lay-off and "terminate" and "notice of termination" have corresponding meanings.

(2)  For the purposes of paragraph (1)(a), a day during the period of 20 consecutive weeks for which an employee receives pay, including pay the employee receives for a public holiday occurring during that period, shall not be counted in the calculation of the 13 week lay-off period set out in paragraph (a).

1984 c29 s1

Temporary lay-off becomes termination

50. Where an employer temporarily lays off an employee and the lay-off exceeds a temporary lay-off the employee shall, for the purposes of this Part, be considered to have been terminated at the beginning of the temporary lay-off.

1984 c29 s1

Collective agreements and written contracts of service

51. (1) Where a period of notice of temporary lay-off or of termination of employment is provided for in a collective agreement within the meaning of the Labour Relations Act or in a written contract of service between the employer and the employee that differs from the period of notice required to be given by the employer or employee under this Part, the period provided for in the collective agreement or in the contract of service is the period of notice required to be given by the employer or employee.

(2)  An agreement respecting a period of notice of termination of employment referred to in subsection (1) is effective only if the period of notice required to be given by the collective agreement or the contract of service is the same for the employer and the employee.

1977 c52 s47; 1992 c17 s14

No termination without notice

52. (1) An employer or employee shall not terminate a contract of service unless written notice of termination is given by or on behalf of the employer or employee within the period required by section 55.

(2)  An employer shall not temporarily lay off an employee unless written notice of the temporary lay-off is given by or on behalf of the employer to the employee within the period required by section 55.

(3)  [Rep. by 2001 c33 s24]

1977 c52 s48; 1984 c29 s2; 1992 c17 s15; 2001 c33 s24

Notice unnecessary

53. (1) Section 52 and subsection 57(2) do not apply where

(a)  the employee has wilfully refused to obey a lawful instruction of the employer, or has committed misconduct or been so neglectful of duty that the interest of the employer is adversely affected, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants summary dismissal;

(b)  the employer pays to the employee wages equal to the normal wages covering the period of notice that the employer would otherwise be required to give under this Part;

(c)  the employee is laid off for a period not exceeding 1 week;

(d)  the employee is employed for a firm non-renewable term or for a specific task, where the term or task does not exceed 12 months and the employment is not terminated before the completion of the term or task;

(e)  the employee rejects an offer by the employer of reasonable alternative employment of a similar nature requiring similar skill, effort and ability that would enable the employee to earn during a similar number of working hours a total wage comparable to that earned by the employee for services rendered under the contract of service being terminated;

(f)  the employee has reached the age of retirement according to the established practice of the undertaking in which the employee is employed;

(g)  the employer is required to terminate the contract of service on account of

(i)  destruction of or major breakdown to plant machinery or equipment, or

(ii)  climatic or economic conditions that are beyond the foreseeable control of the employer and that necessitate declaration of redundancy; or

(h)  the contract of service between the employer and the employee has existed for less than 30 days.

(2)  For the purpose of paragraph (1)(b), "normal wages" includes the amount for overtime wages that might have been earned by the employee on the basis of the overtime practised in the period of 1 month before his or her termination of employment under his or her contract of service.

1977 c52 s49; 1992 c17 s16; 2001 c33 s25

Notice unnecessary

54. (1) Section 52 does not apply where

(a)  the employer has mistreated the employee or acted in a manner that has or might endanger the health or well-being of the employee, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants no notice being given;

(b)  the employee pays to the employer an amount equal to the amount that the employee would normally earn under the contract of service covering the period of notice that the employee would otherwise be required to give under this Part;

(c)  the employee is employed for a firm non-renewable term or for a specific task when the term or task does not exceed 12 months and the employment is not terminated before the completion of that term or task; or

(d)  the contract of service between the employer and the employee has existed for less than 1 month.

(2)  Where an employee terminates a contract of service without giving the notice required by this Part in circumstances not permitted by subsection (1), the employer may, with the consent of the employee, deduct from unpaid wages due to the employee the amount that the employee is permitted to pay under paragraph (1)(b), but where that consent is not given, the employer shall deposit with the director the amount in respect of which consent is not given, and the director shall determine the issue in accordance with the powers conferred on the director under this Act.

(3)  For the purpose of paragraph (1)(b), "normal earnings" includes the amount for overtime wages that might have been earned by the employee on the basis of the employment of overtime practised in the month before his or her termination of employment under the contract of service.

1977 c52 s50; 1992 c17 s17; 2001 c33 s26

Period of notice

55. (1) The period of notice required to be given by the employer and employee under section 52 is

(a)  one week, where the employee has been continuously employed by the employer for a period of 3 months or more but less than 2 years;

(b)  2 weeks, where the employee has been continuously employed by the employer for a period of 2 years or more but less than 5 years;

(c)  3 weeks, where the employee has been continuously employed by the employer for a period of 5 years or more but less than 10 years;

(d)  4 weeks, where the employee has been continuously employed by the employer for a period of 10 years or more but less than 15 years; and

(e)  6 weeks, where the employee has been continuously employed by the employer for a period of 15 years or more.

(2)  For the purpose of subsection (1) "continuously employed" includes the employment of seasonal workers who are engaged under a contract of service of 2 or more consecutive seasons of at least 5 months in each season during which the employee is occupationally engaged.

2001 c33 s27

Provisions respecting notice

56. (1) A notice of termination of a contract of service or a notice of temporary lay-off given under this Part has no effect if the contract of service continues beyond the period of expiry specified in the notice of termination or temporary lay-off.

(2)  A notice of termination of a contract of service or a notice of temporary lay-off or a notice of intention to terminate a contract of service given under this Part may be given conditionally upon the happening of a future event if the period of the notice so given is not less than the period required by this Part.

1992 c17 s18

Provisions relating to redundancy

57. (1) Without limiting the provisions respecting notice of termination required to be given under this Part by an employer to each employee, where an employer intends to terminate the contracts of service of 50 or more employees within a 4 week period, the employer shall, in accordance with subsection (3), give to each employee written notice of intention to terminate the contract of service.

(2)  The employer shall,

(a)  for the duration of the notice period set out in subsection (3), continue to employ the employees on whom notice of intention to terminate has been served under subsection (1); or

(b)  pay the employee wages equal to the normal wages covering the period of notice that the employer would otherwise be required to give under this section.

(3)  The period of notice of intention to terminate the contracts of service required by subsection (1) is as follows:

(a)  8 weeks' notice of the intention when the employer intends to terminate the contracts of service of 50 or more but fewer than 200 employees;

(b)  12 weeks' notice of the intention when the employer intends to terminate the contracts of service of 200 or more employees but fewer than 500 employees; and

(c)  16 weeks' notice of the intention when the employer intends to terminate the contracts of service of 500 or more employees.

(4)  Where notices of intention to terminate contracts of service are given by an employer under this section, the employer shall, immediately after the notices are given, notify the minister in writing of the number of persons to whom the notice is given and the period of notice, and shall provide the minister with the reasons for the giving of the notices.

(5)  Nothing in this section prevents an employee from giving an employer notice of termination of employment under this Part.

(6)  Where an employer fails to give the notices of intention to terminate the contracts of service of employees required by this section, or fails to notify the minister in accordance with subsection (4), notice of termination of employment of 50 or more employees of the employer within a 4 week period shall not be given to those employees by the employer and no action by the employer shall be taken to terminate the services of those employees.

(7)  This section does not apply in respect of employees whose contracts of service have existed for less than 1 month.

1977 c52 s53; 2001 c33 s28

Regulations

58. The Lieutenant-Governor in Council may make regulations for the purposes of this Part

(a)  enabling employers and employees, or representatives of employers and employees, to contract periods of notice of termination that differ from the periods provided for in this Part in those undertakings that may be prescribed and for payment to employers and employees where no notices are given;

(b)  exempting from section 57 those undertakings or contracts of service, or classes of undertakings or contracts of service, that may be prescribed, including seasonal undertakings of the nature prescribed, and prescribing circumstances, including impossibility or unforeseeability, in which the obligation to provide the notices of intention to terminate required by that section are not required to be given; and

(c)  providing for releasing employers and employees engaged in prescribed undertakings or occupations from the obligation to give notice of termination required by this Part.

Nova Scotia - Termination of Employment

Ontario - Termination of Employment

TERMINATION AND SEVERANCE OF EMPLOYMENT

Termination of Employment

No termination without notice

54.  No employer shall terminate the employment of an employee who has been continuously employed for three months or more unless the employer,

(a) has given to the employee written notice of termination in accordance with section 57 or 58 and the notice has expired; or

(b) has complied with section 61. 2000, c. 41, s. 54.

Prescribed employees not entitled

55.  Prescribed employees are not entitled to notice of termination or termination pay under this Part. 2000, c. 41, s. 55.

What constitutes termination

56.   (1)  An employer terminates the employment of an employee for purposes of section 54 if,

(a) the employer dismisses the employee or otherwise refuses or is unable to continue employing him or her;

(b) the employer constructively dismisses the employee and the employee resigns from his or her employment in response to that within a reasonable period; or

(c) the employer lays the employee off for a period longer than the period of a temporary lay-off. 2000, c. 41, s. 56 (1).

Temporary lay-off

(2)  For the purpose of clause (1) (c), a temporary layoff is,

(a) a lay-off of not more than 13 weeks in any period of 20 consecutive weeks;

(b) a lay-off of more than 13 weeks in any period of 20 consecutive weeks, if the lay-off is less than 35 weeks in any period of 52 consecutive weeks and,

(i) the employee continues to receive substantial payments from the employer,

(ii) the employer continues to make payments for the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or employee insurance plan,

(iii) the employee receives supplementary unemployment benefits,

(iv) the employee is employed elsewhere during the lay-off and would be entitled to receive supplementary unemployment benefits if that were not so,

(v) the employer recalls the employee within the time approved by the Director, or

(vi) in the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or

(c) in the case of an employee represented by a trade union, a lay-off longer than a lay-off described in clause (b) where the employer recalls the employee within the time set out in an agreement between the employer and the trade union. 2000, c. 41, s. 56 (2); 2001, c. 9, Sched. I, s. 1 (12).

Definition

(3)  In subsections (3.1) to (3.6),

“excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere. 2002, c. 18, Sched. J, s. 3 (23).

Lay-off, regular work week

(3.1)  For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if,

(a) in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and

(b) the week is not an excluded week. 2002, c. 18, Sched. J, s. 3 (23).

Effect of excluded week

(3.2)  For the purpose of clauses (2) (a) and (b), an excluded week shall be counted as part of the periods of 20 and 52 weeks. 2002, c. 18, Sched. J, s. 3 (23).

Lay-off, no regular work week

(3.3)  For the purposes of clauses (1) (c) and (2) (a), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for more than 13 weeks in any period of 20 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 20-week period. 2002, c. 18, Sched. J, s. 3 (23).

Effect of excluded week

(3.4)  For the purposes of subsection (3.3),

(a) an excluded week shall not be counted as part of the 13 or more weeks but shall be counted as part of the 20-week period; and

(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded. 2002, c. 18, Sched. J, s. 3 (23).

Lay-off, no regular work week

(3.5)  For the purposes of clauses (1) (c) and (2) (b), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period. 2002, c. 18, Sched. J, s. 3 (23).

Effect of excluded week

(3.6)  For the purposes of subsection (3.5),

(a) an excluded week shall not be counted as part of the 35 or more weeks but shall be counted as part of the 52-week period; and

(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded. 2002, c. 18, Sched. J, s. 3 (23).

Temporary lay-off not termination

(4)  An employer who lays an employee off without specifying a recall date shall not be considered to terminate the employment of the employee, unless the period of the lay-off exceeds that of a temporary lay-off. 2000, c. 41, s. 56 (4).

Deemed termination date

(5)  If an employer terminates the employment of an employee under clause (1) (c), the employment shall be deemed to be terminated on the first day of the lay-off. 2000, c. 41, s. 56 (5).

Employer notice period

57.  The notice of termination under section 54 shall be given,

(a) at least one week before the termination, if the employee’s period of employment is less than one year;

(b) at least two weeks before the termination, if the employee’s period of employment is one year or more and fewer than three years;

(c) at least three weeks before the termination, if the employee’s period of employment is three years or more and fewer than four years;

(d) at least four weeks before the termination, if the employee’s period of employment is four years or more and fewer than five years;

(e) at least five weeks before the termination, if the employee’s period of employment is five years or more and fewer than six years;

(f) at least six weeks before the termination, if the employee’s period of employment is six years or more and fewer than seven years;

(g) at least seven weeks before the termination, if the employee’s period of employment is seven years or more and fewer than eight years; or

(h) at least eight weeks before the termination, if the employee’s period of employment is eight years or more. 2000, c. 41, s. 57.

Notice, 50 or more employees

58.   (1)  Despite section 57, the employer shall give notice of termination in the prescribed manner and for the prescribed period if the employer terminates the employment of 50 or more employees at the employer’s establishment in the same four-week period. 2000, c. 41, s. 58 (1).

Information

(2)  An employer who is required to give notice under this section,

(a) shall provide to the Director the prescribed information in a form approved by the Director; and

(b) shall, on the first day of the notice period, post in the employer’s establishment the prescribed information in a form approved by the Director. 2000, c. 41, s. 58 (2).

Content

(3)  The information required under subsection (2) may include,

(a) the economic circumstances surrounding the terminations;

(b) any consultations that have been or are proposed to take place with communities in which the terminations will take place or with the affected employees or their agent in connection with the terminations;

(c) any proposed adjustment measures and the number of employees expected to benefit from each; and

(d) a statistical profile of the affected employees. 2000, c. 41, s. 58 (3).

When notice effective

(4)  The notice required under subsection (1) shall be deemed not to have been given until the Director receives the information required under clause (2) (a). 2000, c. 41, s. 58 (4).

Posting

(5)  The employer shall post the information required under clause (2) (b) in at least one conspicuous place in the employer’s establishment where it is likely to come to the attention of the affected employees and the employer shall keep that information posted throughout the notice period required under this section. 2000, c. 41, s. 58 (5).

Employee notice

(6)  An employee to whom notice has been given under this section shall not terminate his or her employment without first giving the employer written notice,

(a) at least one week before doing so, if his or her period of employment is less than two years; or

(b) at least two weeks before doing so, if his or her period of employment is two years or more. 2000, c. 41, s. 58 (6).

Exception

(7)  Subsection (6) does not apply if the employer constructively dismisses the employee or breaches a term of the employment contract, whether or not such a breach would constitute a constructive dismissal. 2000, c. 41, s. 58 (7).

Period of employment: included, excluded time

59.   (1)  Time spent by an employee on leave or other inactive employment is included in determining his or her period of employment. 2000, c. 41, s. 59 (1).

Exception

(2)  Despite subsection (1), if an employee’s employment was terminated as a result of a lay-off, no part of the lay-off period after the deemed termination date shall be included in determining his or her period of employment. 2000, c. 41, s. 59 (2).

Requirements during notice period

60.   (1)  During a notice period under section 57 or 58, the employer,

(a) shall not reduce the employee’s wage rate or alter any other term or condition of employment;

(b) shall in each week pay the employee the wages the employee is entitled to receive, which in no case shall be less than his or her regular wages for a regular work week; and

(c) shall continue to make whatever benefit plan contributions would be required to be made in order to maintain the employee’s benefits under the plan until the end of the notice period. 2000, c. 41, s. 60 (1).

No regular work week

(2)  For the purposes of clause (1) (b), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employer shall pay the employee an amount equal to the average amount of regular wages earned by the employee per week for the weeks in which the employee worked in the period of 12 weeks immediately preceding the day on which notice was given. 2001, c. 9, Sched. I, s. 1 (13).

Benefit plan contributions

(3)  If an employer fails to contribute to a benefit plan contrary to clause (1) (c), an amount equal to the amount the employer should have contributed shall be deemed to be unpaid wages for the purpose of section 103. 2000, c. 41, s. 60 (3).

Same

(4)  Nothing in subsection (3) precludes the employee from an entitlement that he or she may have under a benefit plan. 2000, c. 41, s. 60 (4).

Pay instead of notice

61.   (1)  An employer may terminate the employment of an employee without notice or with less notice than is required under section 57 or 58 if the employer,

(a) pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and

(b) continues to make whatever benefit plan contributions would be required to be made in order to maintain the benefits to which the employee would have been entitled had he or she continued to be employed during the period of notice that he or she would otherwise have been entitled to receive. 2000, c. 41, s. 61 (1); 2001, c. 9, Sched. I, s. 1 (14).

No regular work week

(1.1)  For the purposes of clause (1) (a), if the employee does not have a regular work week or is paid on a basis other than time, the amount the employee would have been entitled to receive under section 60 shall be calculated as if the period of 12 weeks referred to in subsection 60 (2) were the 12-week period immediately preceding the day of termination. 2001, c. 9, Sched. I, s. 1 (15).

Information to Director

(2)  An employer who terminates the employment of employees under this section and would otherwise be required to provide notices of termination under section 58 shall comply with clause 58 (2) (a). 2000, c. 41, s. 61 (2).

Deemed active employment

62.   (1)  If an employer terminates the employment of employees without giving them part or all of the period of notice required under this Part, the employees shall be deemed to have been actively employed during the period for which there should have been notice for the purposes of any benefit plan under which entitlement to benefits might be lost or affected if the employees cease to be actively employed. 2000, c. 41, s. 62 (1).

Benefit plan contributions

(2)  If an employer fails to contribute to a benefit plan contrary to clause 61 (1) (b), an amount equal to the amount the employer should have contributed shall be deemed to be unpaid wages for the purpose of section 103. 2000, c. 41, s. 62 (2).

Same

(3)  Nothing in subsection (2) precludes the employee from an entitlement he or she may have under a benefit plan. 2000, c. 41, s. 62 (3).

Severance of Employment

What constitutes severance

63.   (1)  An employer severs the employment of an employee if,

(a) the employer dismisses the employee or otherwise refuses or is unable to continue employing the employee;

(b) the employer constructively dismisses the employee and the employee resigns from his or her employment in response within a reasonable period;

(c) the employer lays the employee off for 35 weeks or more in any period of 52 consecutive weeks;

(d) the employer lays the employee off because of a permanent discontinuance of all of the employer’s business at an establishment; or

(e) the employer gives the employee notice of termination in accordance with section 57 or 58, the employee gives the employer written notice at least two weeks before resigning and the employee’s notice of resignation is to take effect during the statutory notice period. 2000, c. 41, s. 63 (1); 2002, c. 18, Sched. J, s. 3 (24).

Definition

(2)  In subsections (2.1) to (2.4),

“excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere. 2002, c. 18, Sched. J, s. 3 (25).

Lay-off, regular work week

(2.1)  For the purpose of clause (1) (c), an employee who has a regular work week is laid off for a week if,

(a) in that week, the employee earns less than one-quarter the amount he or she would earn at his or her regular rate in a regular work week; and

(b) the week is not an excluded week. 2002, c. 18, Sched. J, s. 3 (25).

Effect of excluded week

(2.2)  For the purposes of clause (1) (c), an excluded week shall be counted as part of the period of 52 weeks. 2002, c. 18, Sched. J, s. 3 (25).

Lay-off, no regular work week

(2.3)  For the purpose of clause (1) (c), an employee who does not have a regular work week is laid off for 35 or more weeks in any period of 52 consecutive weeks if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-quarter the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period. 2002, c. 18, Sched. J, s. 3 (25).

Effect of excluded week

(2.4)  For the purposes of subsection (2.3),

(a) an excluded week shall not be counted as part of the 35 or more weeks, but shall be counted as part of the 52-week period; and

(b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded. 2002, c. 18, Sched. J, s. 3 (25).

Resignation

(3)  An employee’s employment that is severed under clause (1) (e) shall be deemed to have been severed on the day the employer’s notice of termination would have taken effect if the employee had not resigned. 2000, c. 41, s. 63 (3).

Entitlement to severance pay

64.   (1)  An employer who severs an employment relationship with an employee shall pay severance pay to the employee if the employee was employed by the employer for five years or more and,

(a) the severance occurred because of a permanent discontinuance of all or part of the employer’s business at an establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or

(b) the employer has a payroll of $2.5 million or more. 2000, c. 41, s. 64 (1).

Payroll

(2)  For the purposes of subsection (1), an employer shall be considered to have a payroll of $2.5 million or more if,

(a) the total wages earned by all of the employer’s employees in the four weeks that ended with the last day of the last pay period completed prior to the severance of an employee’s employment, when multiplied by 13, was $2.5 million or more; or

(b) the total wages earned by all of the employer’s employees in the last or second-last fiscal year of the employer prior to the severance of an employee’s employment was $2.5 million or more. 2000, c. 41, s. 64 (2); 2001, c. 9, Sched. I, s. 1 (16).

Exceptions

(3)  Prescribed employees are not entitled to severance pay under this section. 2000, c. 41, s. 64 (3).

Location deemed an establishment

(4)  A location shall be deemed to be an establishment under subsection (1) if,

(a) there is a permanent discontinuance of all or part of an employer’s business at the location;

(b) the location is part of an establishment consisting of two or more locations; and

(c) the employer severs the employment relationship of 50 or more employees within a six-month period as a result. 2000, c. 41, s. 64 (4).

Calculating severance pay

65.   (1)  Severance pay under this section shall be calculated by multiplying the employee’s regular wages for a regular work week by the sum of,

(a) the number of years of employment the employee has completed; and

(b) the number of months of employment not included in clause (a) that the employee has completed, divided by 12. 2000, c. 41, s. 65 (1).

Non-continuous employment

(2)  All time spent by the employee in the employer’s employ, whether or not continuous and whether or not active, shall be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1). 2000, c. 41, s. 65 (2).

Where employee resigns

(3)  If an employee’s employment is severed under clause 63 (1) (e), the period between the day the employee’s notice of resignation took effect and the day the employer’s notice of termination would have taken effect shall not be considered in calculating the amount of severance pay to which the employee is entitled. 2000, c. 41, s. 65 (3).

Termination without notice

(4)  If an employer terminates the employment of an employee without providing the notice, if any, required under section 57 or 58, the amount of severance pay to which the employee is entitled shall be calculated as if the employee continued to be employed for a period equal to the period of notice that should have been given and was not. 2000, c. 41, s. 65 (4).

Limit

(5)  An employee’s severance pay entitlement under this section shall not exceed an amount equal to the employee’s regular wages for a regular work week for 26 weeks. 2000, c. 41, s. 65 (5).

Where no regular work week

(6)  For the purposes of subsections (1) and (5), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employee’s regular wages for a regular work week shall be deemed to be the average amount of regular wages earned by the employee for the weeks in which the employee worked in the period of 12 weeks preceding the date on which,

(a) the employee’s employment was severed; or

(b) if the employee’s employment was severed under clause 63 (1) (c) or (d), the date on which the lay-off began. 2000, c. 41, s. 65 (6); 2002, c. 18, Sched. J, s. 3 (26).

In addition to other amounts

(7)  Subject to subsection (8), severance pay under this section is in addition to any other amount to which an employee is entitled under this Act or his or her employment contract. 2000, c. 41, s. 65 (7).

Set-off, deduction

(8)  Only the following set-offs and deductions may be made in calculating severance pay under this section:

1. Supplementary unemployment benefits the employee receives after his or her employment is severed and before the severance pay becomes payable to the employee.

2. An amount paid to an employee for loss of employment under a provision of the employment contract if it is based upon length of employment, length of service or seniority.

3. Severance pay that was previously paid to the employee under this Act, a predecessor of this Act or a contractual provision described in paragraph 2. 2000, c. 41, s. 65 (8).

Instalments

66.   (1)  An employer may pay severance pay to an employee who is entitled to it in instalments with the agreement of the employee or the approval of the Director. 2001, c. 9, Sched. I, s. 1 (17).

Restriction

(2)  The period over which instalments can be paid must not exceed three years. 2000, c. 41, s. 66 (2).

Default

(3)  If the employer fails to make an instalment payment, all severance pay not previously paid shall become payable immediately. 2000, c. 41, s. 66 (3).

Election re Recall rights

Where election may be made

67.   (1)  This section applies if an employee who has a right to be recalled for employment under his or her employment contract is entitled to,

(a) termination pay under section 61 because of a lay-off of 35 weeks or more; or

(b) severance pay. 2000, c. 41, s. 67 (1).

Exception

(2)  Clause (1) (b) does not apply if the employer and employee have agreed that the severance pay shall be paid in instalments under section 66. 2000, c. 41, s. 67 (2).

Nature of election

(3)  The employee may elect to be paid the termination pay or severance pay forthwith or to retain the right to be recalled. 2000, c. 41, s. 67 (3).

Consistency

(4)  An employee who is entitled to both termination pay and severance pay shall make the same election in respect of each. 2000, c. 41, s. 67 (4).

Deemed abandonment

(5)  An employee who elects to be paid shall be deemed to have abandoned the right to be recalled. 2000, c. 41, s. 67 (5).

Employee not represented by trade union

(6)  If an employee who is not represented by a trade union elects to retain the right to be recalled or fails to make an election, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust. 2000, c. 41, s. 67 (6).

Employee represented by trade union

(7)  If an employee who is represented by a trade union elects to retain the right to be recalled or fails to make an election,

(a) the employer and the trade union shall attempt to negotiate an arrangement for holding the money in trust, and, if the negotiations are successful, the money shall be held in trust in accordance with the arrangement agreed upon; and

(b) if the trade union advises the Director and the employer in writing that efforts to negotiate such an arrangement have been unsuccessful, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust. 2000, c. 41, s. 67 (7).

Where employee accepts recall

(8)  If the employee accepts employment made available under the right of recall, the amount held in trust shall be paid out of trust to the employer and the employee shall be deemed to have abandoned the right to termination pay and severance pay paid into trust. 2000, c. 41, s. 67 (8).

Recall rights expired or renounced

(9)  If the employee renounces the right to be recalled or the right expires, the amount held in trust shall be paid to the employee and, if the right to be recalled had not expired, the employee shall be deemed to have abandoned the right. 2000, c. 41, s. 67 (9).

Prince Edward Island - Termination of Employment

NOTICE OF TERMINATION

Period of notice if
29. (1) Where an employee has been employed continuously for longer employed for more than six months.
(a) the employer shall not discharge or lay off the employee unless for just cause, without giving the employee in writing at least
(i) two weeks notice, where the employee has been employed by the employer for a continuous period of six months or more but less than five years,
(ii) four weeks notice, where the employee has been employed by the employer for a continuous period of five years or more but less than ten years;
(iii) six weeks notice, where the employee has been employed by the employer for a continuous period of 10 years or more but less than 15 years, or
(iv) eight weeks notice, where the employee has been employed by the employer for a continuous period of 15 years or more;
(b) the employee shall not terminate the employment without giving the employer in writing at least
(i) one weeks notice where the employee has been employed by the employer for a continuous period of six months or more but less than five years, and
(ii) two weeks notice where the employee has been employed by the employer for a continuous period of five years or more.

Exceptions, (2) Clause (1)(a) does not apply where termination without (a) a person is discharged or laid off for the following reasons notice beyond the control of the employer:
(i) complete or partial destruction of the plant,
(ii) destruction or breakdown of machinery or equipment,
(iii) inability to obtain supplies and materials, or
(iv) cancellation, suspension or inability to obtain orders for the products of the employer if the employer has exercised due diligence to foresee and avoid the cause of discharge or layoff; or
(b) a person is discharged or laid off because of labour disputes, weather conditions or actions of any governmental authority that affect directly the operations of the employer. Amount of pay to (3) Where an employer discharges or lays off an employee in which employee accordance with subsection (1), the employer shall pay to the employee, entitled in respect of the period of the notice given under that subsection, the wages earned by the employee during that period or a sum equivalent to the employee's normal wages for the number of weeks prescribed by subsection (1) exclusive of overtime, whichever is the greater.

18
Employment Standards Act
Cap. E-6.2 19

Idem
(4) Where an employer, contrary to subsection (1) discharges or lays off an employee without having given notice required by that subsection, the employer shall pay to the employee a sum equivalent to the employee's normal wages for the number of weeks prescribed by subsection (1) exclusive of overtime.

Most favourable terms apply
(5) Nothing in this section affects any provision in a contract of service, or any recognized custom, by virtue of which an employee or employer is entitled to more notice of termination of employment or of lay off or to more favourable compensation in respect of the period of any such notice than is provided by this section. 1992,c.18,s.29; 2003,c.35,s.5.

Quebec - Termination of Employment

DIVISION VI
NOTICE OF TERMINATION OF EMPLOYMENT OR LAYOFF, AND WORK CERTIFICATE
1990, c. 73, s. 35.

Written notice.

82. The employer must give written notice to an employee before terminating his contract of employment or laying him off for six months or more.

Length of notice.

The notice shall be of one week if the employee is credited with less than one year of uninterrupted service, two weeks if he is credited with one year to five years of uninterrupted service, four weeks if he is credited with five years to ten years of uninterrupted service and eight weeks if he is credited with ten years or more of uninterrupted service.

Notice during layoff.

A notice of termination of employment given to an employee during the period when he is laid off is absolutely null, except in the case of employment that usually lasts for not more than six months each year due to the influence of the seasons.

Restriction.

This section does not deprive an employee of a right granted to him under another Act.
1979, c. 45, s. 82; 1980, c. 5, s. 7; 1990, c. 73, s. 36; 1999, c. 40, s. 196.

Exceptions.

82.1. Section 82 does not apply to an employee
(1) who has less than three months of uninterrupted service;
(2) whose contract for a fixed term or for a specific undertaking expires;
(3) who has committed a serious fault;
(4) for whom the end of the contract of employment or the layoff is a result of superior force.
1990, c. 73, s. 36.

Compensatory indemnity.

83. An employer who does not give the notice prescribed by section 82, or who gives insufficient notice, must pay the employee a compensatory indemnity equal to his regular wage excluding overtime for a period equal to the period or remaining period of notice to which he was entitled.

Payment.

The indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than six months, or at the end of a period of six months after a layoff of indeterminate length, or a layoff expected to last less than six months but which exceeds that period.

Computation.

The indemnity to be paid to an employee remunerated in whole or in part by commission is established from the average of his weekly wage, calculated from the complete periods of pay in the three months preceding the termination of his employment or his layoff.

1979, c. 45, s. 83; 1990, c. 73, s. 36; 2002, c. 80, s. 48.

Recall privileges.

83.1. In the case of an employee who, under a collective agreement, is entitled to recall privileges for more than six months, the employer is bound to pay the compensatory indemnity only from the first of the following dates:
(1) the expiry of the recall privileges of the employee;
(2) one year after layoff.

Exceptions.

An employee referred to in the first paragraph shall not be entitled to the compensatory indemnity

(1) if he is recalled before the date on which his employer is bound to pay the indemnity and if subsequently he works for a period equal to or longer than that of the notice prescribed by section 82;

(2) if he is not recalled owing to superior force.
1990, c. 73, s. 36.

Standards for certain public employees.

83.2. The Government may, by regulation, determine standards which vary from those provided for in sections 82 to 83.1 in respect of employees governed by the Public Service Act (chapter F-3.1.1) who, without being permanent employees, are entitled to recall privileges by virtue of their conditions of employment.
1990, c. 73, s. 36.

Work certificate.

84. At the expiry of the contract of employment, an employee may require his employer to issue to him a work certificate in which the following information, and only the following information, is set forth: the nature and the duration of his employment, the dates on which his employment began and terminated, and the name and address of the employer. The certificate shall not carry any mention of the quality of the work or the conduct of the employee.
1979, c. 45, s. 84.

DIVISION VI.0.1
NOTICE OF COLLECTIVE DISMISSAL
2002, c. 80, s. 49.

Interpretation.

84.0.1. The termination of employment by the employer, including a layoff for a period of six months or more, involving not fewer than 10 employees of the same establishment in the course of two consecutive months constitutes a collective dismissal governed by this division.
2002, c. 80, s. 49.

Employees not affected by dismissal.

84.0.2. The following employees are not considered to be employees affected by a collective dismissal:
(1) an employee who has less than three months of uninterrupted service;
(2) an employee whose contract for a fixed term or for a specific undertaking expires;
(3) an employee to whom section 83 of the Public Service Act (chapter F-3.1.1) applies;
(4) an employee who has committed a serious fault;
(5) an employee referred to in section 3.
2002, c. 80, s. 49.

Exceptions.

84.0.3. This division does not apply
(1) to the layoff of employees for an indeterminate period, but in fact less than six months;
(2) in respect of an establishment whose activities are seasonal or intermittent;
(3) in respect of an establishment affected by a strike or lock-out within the meaning of the Labour Code (chapter C-27).
2002, c. 80, s. 49.

Notice.

84.0.4. Every employer shall, before making a collective dismissal for technological or economic reasons, give notice to the Minister of Employment and Social Solidarity within the following minimum periods:
(1) Eight weeks, where the number of employees affected by the dismissal is at least equal to 10 and less than 100;
(2) 12 weeks, where the number of employees affected by the dismissal is at least equal to 100 and less than 300;
(3) 16 weeks, where the number of employees affected by the dismissal is at least equal to 300.

Notice.

An employer that gives the notice referred to in the first paragraph is not exempted from giving the notice required by section 82.
2002, c. 80, s. 49.

Superior force or unforeseeable event.

84.0.5. In the case of a superior force or where an unforeseeable event prevents an employer from respecting the time periods for giving notice set out in section 84.0.4, the employer shall give the Minister a notice of collective dismissal as soon as the employer is in a position to do so.
2002, c. 80, s. 49.

Transmission and posting of notice.

84.0.6. An employer must transmit a copy of the notice of collective dismissal to the Commission and the certified association representing the employees affected by the dismissal. The employer must post the notice in a conspicuous and readily accessible place in the establishment concerned.
2002, c. 80, s. 49.

Requirements.

84.0.7. The notice of collective dismissal must be transmitted to the Minister at the place determined by regulation and contain the prescribed information.
2002, c. 80, s. 49.

Consent.

84.0.8. During the time period set out in section 84.0.4, an employer may not change the wages of an employee affected by the collective dismissal or, where applicable, the group insurance and pension plans recognized in the employee's place of employment without the written consent of that employee or the certified association representing the employee.
2002, c. 80, s. 49.

Reclassification assistance committee.

84.0.9. At the request of the Minister, the employer and the certified association or, in the absence of such an association, the representatives chosen by the employees affected by the collective dismissal, must, without delay, participate in the establishment of a reclassification assistance committee and collaborate in carrying out the committee's mission.

Composition.

The committee shall consist of an equal number of representatives of each party or of the number of representatives agreed on by the parties. Each party has one vote only.
2002, c. 80, s. 49.

Mission.

84.0.10. The mission of the reclassification assistance committee is to provide the employees affected by the collective dismissal with any form of assistance agreed on by the parties to minimize the impact of the dismissal and facilitate the maintenance or re-entry on the labour market of those employees.

Responsibilities.

The committee is responsible, in particular, for evaluating the situation and needs of the employees affected by the dismissal, developing a reclassification plan to facilitate the maintenance or re-entry on the labour market of those employees and seeing to the implementation of the plan.
2002, c. 80, s. 49.

Financial contribution of employer.

84.0.11. The financial contribution of the employer to the operating costs of the reclassification assistance committee and to the reclassification activities shall be agreed on by the employer and the Minister.

Amount.

Failing an agreement, the financial contribution of the employer shall be an amount determined by regulation of the Government, per employee affected by the collective dismissal.

Claim.

If the employer fails to make the financial contribution, it may be claimed by the Minister before the competent court.
2002, c. 80, s. 49.

Exemption.

84.0.12. On request, the Minister may, on the conditions the Minister determines, after giving the interested parties an opportunity to present observations, exempt an employer from the application of all or part of the provisions of sections 84.0.9 to 84.0.11, if the employer, in the establishment concerned by the collective dismissal, offers reclassification assistance measures to the employees affected by the dismissal that are equivalent or surpass the measures provided for in this division.
2002, c. 80, s. 49.

Indemnity.

84.0.13. An employer who does not give the notice prescribed by section 84.0.4 or who gives insufficient notice must pay to each dismissed employee an indemnity equal to the employee's regular wages, excluding overtime, for a period equal to the time period or remainder of the time period within which the employer was required to give notice.

Time of payment.

The indemnity must be paid at the time of the dismissal or at the end of a period of six months after a layoff of indeterminate length or a layoff expected to last less than six months but which exceeds that period.

Exception.

An employer who is in one of the situations described in section 84.0.5 is, however, not required to pay an indemnity.
2002, c. 80, s. 49.

Indemnities.

84.0.14. No employee may cumulate the indemnities provided for in sections 83 and 84.0.13. However, an employee shall receive the greater of the indemnities to which the employee is entitled.
2002, c. 80, s. 49.

Exception.

84.0.15. Sections 84.0.9 to 84.0.12 do not apply where the number of employees affected by the dismissal is less than 50.

Saskatchewan - Termination of Employment

PART VII - Employees' Wages

42. Repealed. 1994 c39 s25.
Notice to employee of discharge

43. Except for just cause other than shortage of work, no employer shall discharge or lay off an employee who has been in his service for at least three continuous months without giving that employee at least:
(a) one week's written notice, if his period of employment is less than one year;
(b) two weeks' written notice, if his period of employment is one year or more but less than three years;
(c) four weeks' written notice, if his period of employment is three years or more but less than five years;
(d) six weeks' written notice, if his period of employment is five years or more but less than 10 years;
(e) eight weeks' written notice, if his period of employment is 10 years or more.
1979-80, c.84, s.10.

Payment to employee in case of discharge or lay-off
44(1) Where an employer discharges or lays off an employee in accordance with section 43, he shall pay to the employee, in respect of the period of the notice given under that section, the sum earned by the employee during that period or a sum equivalent to the employee's normal wages for the period of the notice exclusive of overtime, whichever is the greater.

(2) Where an employer, contrary to section 43, discharges or lays off an employee without having given the notice required by that section, he shall pay to the employee, in respect of the minimum period of notice required by section 43, a sum equivalent to the employee's normal wages for that period, exclusive of overtime.

(3) Where the wages of an employee, exclusive of overtime, vary from week to week, his normal wages for one week shall, for the purposes of subsection (1) or (2), be deemed to be the equivalent of his average weekly wage, exclusive of overtime, for the four weeks he worked immediately preceding the date on which notice of termination of employment or lay-off was given or, where such notice was not given, the date on which he was discharged or laid off.

1976-77, c.36, s.44; R.S.S. 1978, c.L-1, s.44;
1979-80, c.84, s.11.


Notice of group termination
44.1(1) In addition to the requirements of sections 43 and 43.1 but subject to subsection (3), an employer who intends to terminate the employment of 10 or more employees in an establishment within any four-week period shall give written notice of that intention, in accordance with subsection (2), to each of the following:
(a) the minister;
27. LABOUR STANDARDS c.L-1
(b) each employee whose employment will be terminated;
(c) if applicable, a trade union that is:
(i) certified to represent any employees whose employment will be terminated; or
(ii) recognized by the employer as bargaining agent for any employees whose employment will be terminated.

(2) The written notice required by subsection (1):
(a) must specify:
(i) the number of employees whose employment will be terminated;
(ii) the effective date or dates of their terminations; and
(iii) the reasons for the terminations; and
(b) must be given within the time prescribed in the regulations.

(3) The notice required by subsection (1) may be given concurrently with the notice required by section 43 or 43.1.
1994, c.39, s.28.


Dismissal, etc., for illness or injury prohibited
44.2(1) Except for just cause unrelated to injury or illness, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to the illness or injury of the employee or illness or injury of a member of the employee's immediate family as defined in section 29.3 who is dependent on the employee if:
(a) the employee has been in the employer's service for at least 13 consecutive weeks prior to the absence;
(b) either:
(i) subject to subsection (1.2), in the case of serious illness or injury, the absence does not exceed 12 weeks in a period of 52 weeks; or
(ii) in the case of illness or injury that is not serious, the absences do not exceed a total of 12 days in a calendar year, except where it can be demonstrated that the employee has a record of chronic absenteeism and there is no reasonable expectation of improved attendance; and
(c) the employee, if requested in writing by the employer, provides the employer with a certificate of a duly qualified medical practitioner certifying that the employee was incapable of working due to illness or injury or certifying the illness or injury of the member of the employee's immediate family, as the case may be.

(1.1) Notwithstanding subsection (1) and subject to subsection (1.2), except for just cause, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence if for the period of absence the employee is receiving benefits or is in the waiting period for benefits pursuant to section 23.1 of the Employment Insurance Act (Canada).