Termination Notice – Know The Laws of Your Province

Understanding the laws regarding termination notice in the workplace is vital for both employers and employees in Canada. Termination notice requirements are governed by provincial and federal employment standards legislation, which outlines the necessary protocols for providing notice or pay in lieu of notice when an employee’s job is ending. These laws are designed to protect workers from abrupt job loss while ensuring that employers can manage their workforce effectively. By familiarizing themselves with these regulations, employers can navigate the termination process with confidence, and employees can better understand their rights and entitlements.

Employer’s Termination Notice

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

  • one week, if the employee has been employed by the employer for more than 90 days but less than 2 years,
  • 2 weeks, if the employee has been employed by the employer for 2 years or more but less than 4 years,
  • 4 weeks, if the employee has been employed by the employer for 4 years or more but less than 6 years,
  • 5 weeks, if the employee has been employed by the employer for 6 years or more but less than 8 years,
  • 6 weeks, if the employee has been employed by the employer for 8 years or more but less than 10 years, or
  • 8 weeks, if the employee has been employed by the employer for 10 years or more.

Termination of employment by an employee

To terminate employment, an employee must give the employer a written termination notice of at least:

  • one week, if the employee has been employed by the employer for more than 90 days but less than 2 years, or
  • 2 weeks, if the employee has been employed by the employer for 2 years or more.

This does not apply when:

  • 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,
  • 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,
  • the employee has been employed by the employer for 90 days or less,
  • the employee is temporarily laid off,
  • the employee is laid off after refusing an offer by the employer of reasonable alternative work,
  • 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,
  • 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
  • an employee terminates the employment because of a reduction in wage rate, overtime rate, vacation pay, general holiday pay or termination pay.

Further details on the Employment Standards Code can be found at Canlii.org.

Termination of Employment – Liability Resulting from Length of Service

(1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week’s wages as compensation for length of service.
(2) The employer’s liability for compensation for length of service increases as follows:

(a) after 12 consecutive months of employment, to an amount equal to 2 weeks’ wages;
(b) after 3 consecutive years of employment, to an amount equal to 3 weeks’ wages plus one additional week’s wages for each additional year of employment, to a maximum of 8 weeks’ wages.

(3) The liability is deemed to be discharged if the employee:

(a) is given written notice of termination as follows:

(i) one week’s notice after 3 consecutive months of employment;
(ii) 2 weeks’ notice after 12 consecutive months of employment;
(iii) 3 weeks’ notice after 3 consecutive years of employment, plus one additional week for each additional year of employment, to a maximum of 8 weeks’ notice;

(b) is given a combination of written notice and money equivalent to the amount the employer is liable to pay, or
(c) terminates the employment, retires from employment, or is dismissed for just cause.

(4) The amount the employer is liable to pay becomes payable on termination of the employment and is calculated by:

(a) totaling all the employee’s weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work,
(b) dividing the total by 8, and
(c) multiplying the result by the number of weeks’ wages the employer is liable to pay.

(5) For the purpose of determining the termination date under this section, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff.

(6) If, after 3 consecutive months of employment, an employee gives notice of termination to the employer and the employer terminates the employment during that notice period, the employer is liable to pay the employee an amount equal to the lesser of:

(a) an amount in money equal to the wages the employee would have earned for the remainder of the notice period, or
(b) an amount in money equal to the amount the employer is liable to pay on termination.

Rules about notice

(1) A notice given to an employee has no effect if:

(a) the notice period coincides with a period during which the employee is on annual vacation, leave, temporary layoff, strike or lockout or is unavailable for work due to a strike or lockout or medical reasons, or
(b) the employment continues after the notice period ends.

(2) Once notice is given to an employee under this Part, the employee’s wage rate, or any other condition of employment, must not be altered without the written consent of:

(a) the employee, or
(b) trade union representing the employee.

Further details on the EMPLOYMENT STANDARDS ACT can be found at BClaws.gov.bc.ca.

Termination By Employer — Notice or Wage In Lieu Of Notice

An employer who terminates an employee’s employment must:

(a) give the employee notice of the termination

(b) pay the employee a wage in lieu of notice, and (wages to be paid within certain time).

Notice period — termination by employer

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.

Exceptions to notice requirements

These notice requirements do 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) when the employment of the employee is terminated for just cause;

(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; and

(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.

Further details on The Employment Standards Code can be found at Canlii.org.

Notice Of Termination or Lay Off

Where cause for dismissal exists, an employer shall not terminate or lay off an employee without having given at least:

(a) two weeks notice in writing, where the employee has been employed by the employer for a continuous period of employment of six months or more but less than five years; and
(b) four weeks notice in writing, where the employee has been employed by the employer for a continuous period of employment of five years or more.

Where an employer dismisses an employee for cause, the employer shall do so in writing, setting out the reasons for such action, and, unless this section is complied with no dismissal, without notice is valid notwithstanding that cause for such action exists.

Where an employee is given notice of termination or layoff by the employer but continues to work for the employer for a period of one month or more beyond the end of the notice period, the notice is extinguished and the employer shall only terminate or lay off the employee after giving a new notice in accordance with regulation.

Termination or lay off without notice

An employer may lay off an employee without notice:

(a) where there is a lack of work, due to any reason unforeseen by the employer at the time notice would otherwise have been given, for such period as the lack of work continues due to that reason; or
(b) for any reason, for a period of up to six days.

An employer may terminate or lay off without notice an employee who has refused reasonable alternate employment offered by the employer as an alternative to being terminated or laid off.

Exceptions To Notice Requirements

Notice requirements do not apply where:

(a) the termination of the employment relationship is due to the completion by the employee of a definite assignment that the employee was hired to perform over a period not exceeding twelve months, whether or not the exact period was stated in the employment contract;
(b) an employee retires under a bona fide retirement plan;
(c) the employee is doing construction work in the construction industry;
(d) the termination or layoff results from the normal seasonal reduction, closure or suspension of an operation; or
(e) the termination of the employment relationship arises under such other circumstances as are prescribed by regulation.

Termination Or Lay Off Without Notice Or Payment In Lieu Of Notice

An employer may terminate or layoff an employee without notice upon payment in lieu of notice of an amount equal to the pay the employee would have earned during the notice period provided as though the employee were entitled to notice.

(1) The employer is liable to the employee for the pay the employee would have earned during the notice period.

Further details on the Employment Standards Act can be found at Canlii.org.

Definitions

(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.

No termination without notice

(a) 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 required period.
(b) 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 required period.

Period Of Notice Required To Be Given By The Employer And Employee

(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, and
(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.

Notice unnecessary

(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;
(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.

Further details on the Labour Standards Act can be found at Canlii.org.

Every employer required to give notice of termination shall give notice in writing addressed to each person whose employment is to be terminated and shall serve the notice personally or by registered mail.

Where an employer is required to give notice he shall at the same time inform the Minister in writing of any such notices.

Conditional notice of termination and where lay-off and no notice of termination of employment may be made conditional upon the happening of the future event if the length of notice complies with this Act.

Where a person who has been laid off and who, by virtue of the duration of his lay-off was not entitled to the notice under Section 72, has his employment terminated by continued lay-off or otherwise, the employer shall pay to that person an amount calculated in accordance with the Act as though his employment had been terminated without notice on the day he was laid off.

Rates of Wages

(a) The employer shall not alter the rates of wages or any other term or condition of employment of a person to whom or by whom notice has been given; and
(b) at the expiry of the notice, the employer shall pay to the person all pay to which he is entitled.

Labour Standards – If Employment Continues

  1. Where a person continues to be employed after the expiry of notice of termination of employment for a period exceeding the length of the notice, his employer shall not terminate his employment except in accordance with this Act.
  2. Where a person employed for a definite term or task continues to be employed for a period of three months or more after completion of the term or task for which he was employed, his employment shall be deemed not to be for a definite term or task and shall be deemed to have commenced at the beginning of the term or task.
  3. Successive periods of employment of a person by an employer constitute one period of employment, except for successive periods of employment more than thirteen weeks apart in which case the last employment con­stitutes the period of employment.
  4. Periods of employment referred to include employment before the first day of February, 1973.

Further details on the Labour Standards Code can be found at NSlegislature.ca.

Notice of termination

An employer who wishes to terminate the employment of an employee by notice of termination shall:

(a) give the employee written notice of termination of not less than:

(i) two weeks, if the employee has been employed by the employer for less than three years, and
(ii) an additional week for each additional year of employment, to a maximum of eight weeks; and

(b) indicate in the notice of termination the date:

(i) on which the notice is given, and
(ii) on which the employment is terminated.

Cardinal Rule

No employer shall terminate an employee who has worked for 90 days or more, unless the employer:

  • Gives the employee a written notice of termination indicating the date the notice is given and the date on which the employment is terminated; or
  • pays the employee termination pay.

Exceptions to rule do not apply to employees who are:

  • Temporarily laid off;
  • Employed in an activity, business, work, trade, occupation, or profession that is exempted by regulation;
  • Terminated for just cause;
  • Terminated because the employee refused the employer’s offer of reasonable alternative work; or
  • on temporary layoff and does not return to work within seven days after being requested to do so in writing by the employer.

An employer shall not, between the date that the notice of termination is given and the date of termination of employment, reduce an employee’s wages or rate of wages, or alter any term or condition of an employee’s employment.

An employer shall, between the date that the notice of termination is given and the date of termination of employment, pay wages and provide benefits to an employee to whom the notice is given in an amount not less than the wages and benefits to which the employee would have been entitled, if the employee had worked his or her usual hours of work in that period, whether or not work is required or performed.

Further details on the Labour Standards Act can be found at Canlii.org.

Employer notice period

The notice of termination 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.

Employee Notice

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.

Exception

The above 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.

Pay Instead of Notice

An employer may terminate the employment of an employee without notice or with less notice than is required 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 had notice been given in accordance with that section; and
(b) continues to make whatever benefit plan contributions would be required to be made 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.

Further details on the Employment Standards Act can be found at Canlii.org.

NOTICE OF TERMINATION

Termination of employment by employer notice period

Except where an employer has just cause to terminate an employee, an employer shall not terminate or lay off an employee who has been employed by the employer for a continuous period of six months or more without having given the employee at least:

(a) two weeks notice in writing, where the employee has been employed by the employer for a continuous period of six months or more but less than five years;
(b) four weeks notice in writing, where the employee has been employed by the employer for a continuous period of five years or more but less than ten years;
(c) six weeks notice in writing, where the employee has been employed by the employer for a continuous period of 10 years or more but less than 15 years; or
(d) eight weeks notice in writing, where the employee has been employed by the employer for a continuous period of 15 years or more.

Exceptions: Termination Without Notice

Notice provisions do not apply to persons who are employed to perform a definite task for a period not exceeding twelve months;

(a) persons who are laid off for a period not exceeding six consecutive days;
(b) persons who have been offered reasonable other employment by his or her employer;
(c) persons who are terminated or laid off for any reason beyond the control of the employer, including:

    1. the complete or partial destruction of a plant,
    2. the destruction or breakdown of machinery or equipment,
    3. the inability to obtain supplies and materials, or the cancellation or suspension of, or inability to obtain, orders for the products of the employer,
    4. if the employer has exercised due diligence to foresee and avoid the cause of termination or layoff; or

(d) persons who are terminated or laid off because of labour disputes, weather conditions or actions of any governmental authority that affect directly the operations of the employer.

Most favorable terms apply

Nothing in the notice termination provisions affects any terms 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 favorable compensation in respect of the period of any such notice than is provided by this section.

Further details on the Employment Standards Act can be found at Princeedwardisland.ca.

NOTICE OF TERMINATION OF EMPLOYMENT OR LAYOFF

The employer must give written notice to an employee before terminating the employee’s contract of employment or laying the employee off for six months or more.

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

A notice of termination of employment given to an employee during the period when the employee 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.

Exceptions

An employer is not required to give notice of termination of employment if:

  • The worker has completed the task for which they had been hired.
  • The worker has been terminated or laid off as a result of force majeure, such as a fire.
  • The worker has been found guilty of grave misconduct justifying their immediate dismissal.
  • The employment contract is a fixed-term contract.
  • The worker is credited with less than 3 months of uninterrupted service.

Further details on the Act respecting Labour Standards can be found at Canlii.org.

Notice required By Employers

No employer shall lay off or terminate the employment of an employee who has been in the employer’s service for more than 13 consecutive weeks without giving that employee written notice for a period that is not less than the period set out in the following Table:

Employee Notice Re: Termination

An employee who has been employed by the employer for at least 13 consecutive weeks must give the employer written notice of at least two weeks stating the day on which the employee is ending his or her employment. This does not apply if:

(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 this regulation;
(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 is temporarily laid off;
(e) the employee is laid off after refusing an offer by the employer of reasonable alternative work;
(f) 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
(g) the employee terminates the employment because of a reduction in wage rate, overtime rate, vacation pay, public holiday pay or termination pay.

Further details on the Saskatchewan Employment Act can be found at Worksafesask.ca.

Notice and pay instead of notice

An employer who terminates the employment of an employee who has been employed for six months or more must give the following notice in writing, or pay in lieu of notice, or a combination of both:

An employer may not give notice while the employee is on vacation.

If the employee continues to work after the notice period has passed, the notice is void.

Termination By an Employee

If the employee does not provide enough notice, the employer may withhold one week’s wages from the employee’s last paycheque with the employee’s consent. If they do not consent, the employer must pay the amount they wish to deduct from the employee to the Director of Employment Standards. The Employment Standards Office will investigate and decide the appropriate course of action (i.e., to repay the employer or to pay the amount to the employee).

One week’s wages means the employee’s regular rate of pay for normal hours of work.

Further details on the Employment Standards Act can be found at Yukon.ca.