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In Alberta, the termination of employment is governed by the Employment Standards Code.
Calculating length of employment for termination notice purposes
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 90 days has elapsed between the periods of employment. Section 54.
(2) Termination notice is not required:
(a) If the employment of the employee is terminated for just cause.
(b) When an employee has been employed by the employer for 90 days 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. Section 55(1).
Employer’s termination notice
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 90 days 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.
(f) 8 weeks, if the employee has been employed by the employer for 10 years or more. Section 56.
Termination Pay
(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 employee’s termination pay must be determined by calculating the average of the employee’s wages during the previous 13 weeks in which the employee worked preceding the date of termination of employment. Section 57(1)(2)(3).
For more information:
- Termination of employment by employee: Section 58.
- Expediting termination of employment after an employee’s termination notice: Section 59(1)(2).
- Continuation of employment after termination: Section 60.
- Earnings not to change after termination notice given: Section 61(1).
- Temporary layoff: Section 62(1).
- Termination pay after temporary layoff: Section 63(1).
- Recall: Section 64(1).
Further details on the Employment Standards Code can be found at Canlii.org.
In British Columbia (BC), the termination of employment is regulated by the Employment Standards Act (ESA).
- Notice of Termination or Pay in Lieu:
- Employers must provide written notice of termination or compensation (severance) instead of notice.
- The amount of notice or pay depends on the length of employment:
- Less than 3 months: No notice or compensation is required.
- 3 months to less than 1 year: 1 week of notice or pay.
- 1 year to less than 3 years: 2 weeks of notice or pay.
- More than 3 years: 3 weeks of notice or pay, plus an additional week for each completed year of service (up to a maximum of 8 weeks).
- Just Cause Termination:
- If an employee is terminated for just cause (e.g., serious misconduct, dishonesty, etc.), the employer is not required to give notice or compensation. Just cause must be proven and is held to a high standard.
- Group Termination:
- For group terminations (50 or more employees within 2 months), employers must provide additional notice to both the employees and the Director of Employment Standards:
- 50 to 100 employees: 8 weeks' notice.
- 101 to 300 employees: 12 weeks' notice.
- More than 300 employees: 16 weeks' notice.
- Final Pay:
- An employee's final wages, including outstanding regular wages, overtime, and vacation pay, must be paid within 48 hours if the employer initiates the termination. If the employee quits, final wages must be paid within 6 calendar days.
- Termination with a Contract:
- If the employee has a written employment contract, the terms of termination will be outlined in the contract.
- Exemptions:
- Certain employees may be exempt from these provisions, see exceptions.
- Severance Pay:
- If the employer fails to provide sufficient notice or pay in lieu, the employee may be entitled to severance pay.
- Wrongful Dismissal:
- If an employee feels they were wrongfully dismissed (e.g., not given proper notice or terminated without cause), they may file a claim with the Employment Standards Branch or pursue a legal claim.
- Constructive Dismissal:
- If an employer makes significant changes to the terms of employment without the employee's consent (e.g., reducing salary or changing job duties), the employee may consider this as constructive dismissal and seek legal remedy.
For More Information
- Part 8 — Termination of Employment – Definition: Section 62.
- Liability resulting from length of service: Section 63.
- Group terminations: Section 64.
- Exceptions: Section 65.
- Director may determine employment has been terminated: Section 66.
- Rules about notice: Section 67.
- Rules about payments: Section 68.
Further details on the Employment Standards Act can be found at BClaws.gov.bc.ca.
In Manitoba, the termination of employment is governed by the Employment Standards Code.
Notice period — termination by employer
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:
- Less than one year - 1 week
- At least one year and less than three years - 2 weeks
- At least three years and less than five years - 4 weeks
- At least five years and less than 10 years - 6 weeks
- At least 10 years - 8 weeks
Section 61 (2)
Exceptions to notice requirements
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) 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;
(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. Section 62(1).
For more information:
- Period of Employment: Section 60.
- Termination by employee: Section 62.1 (1).
- Termination without notice by employee: Section 62 (1.2).
- Temporary help employees: Section 62 (1.1).
- Termination by receiver-manager: Section 62(2).
- Termination of the employment of a group of employees: Section 61/
- Working Conditions After Notice, Payment In Lieu Of Notice, Lay-Offs And Complaints: Section 76, 77.
- Joint Planning Committee: Section 71, 72, 73, 74. 75.
Further details on The Employment Standards Code can be found at Canlii.org.
In New Brunswick (NB), the termination of employment is regulated by the Employment Standards Act.
Unjust dismissal and related unfair employer action
Despite anything in this Act, an employer shall not suspend, lay off, penalize, dismiss, or otherwise terminate the employment of an employee or impose disciplinary measures or discriminate against an employee if the reason for the suspension, layoff, penalty, dismissal, termination of employment, disciplinary measures, or discrimination is related in any way to:
(a) The application by an employee for any leave to which the employee is entitled under this Act;
(b) The making of a complaint or the giving of information or evidence by the employee against the employer with respect to any matter covered by this Act; or
(c) The giving of information or evidence by the employee against the employer with respect to the alleged violation of any Provincial or federal Act or regulation by the employer while carrying on the employer’s business;
If the suspension, layoff, penalty, dismissal, including termination of employment, disciplinary measures, or discrimination constitutes in any way an attempt by the employer to evade any responsibility imposed on the employer under this Act or any other Provincial or federal Act or regulation or to prevent or inhibit an employee from taking advantage of any right or benefit granted to the employee under this Act. Section 28.
Application of sections 30 and 31
Sections 30 and 31 apply only where employees are not covered by a collective agreement.
Notice of termination or lay off
(1) Except where cause for dismissal exists, and subject to subsection (3) and to sections 31 and 32, 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. Section 30(1).
Where an employer dismisses an employee for cause the employer shall do so in writing, setting out the reasons for such action, and, subject to section 31, unless this section is complied with no dismissal without notice is valid notwithstanding that cause for such action exists. Section 30(2).
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 subsection (1). Section 30(3).
Termination or layoff without notice
(1) Notwithstanding section 30, 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. Section 31(1)(a)(b).
(2) Notwithstanding section 30, 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. Section 31(1)(2).
Section 30 does 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 has completed a term of employment that was fixed in the employment contract, unless the employee is employed for a period of three months beyond that period;
(c) An employee retires under a bona fide retirement plan;
(d) The employee is doing construction work in the construction industry;
(e) The termination or layoff results from the normal seasonal reduction, closure or suspension of an operation. Section 31(3).
For more information:
- Notice of termination or lay off of more than ten
- Lay off without notice.
- Termination or lay off without notice or payment in lieu of notice.
- Termination or lay off without notice or payment in lieu of notice.
Further details on the Employment Standards Act can be found at Canlii.org.
In Newfoundland and Labrador (NL), the termination of employment is regulated by the Labour Standards Act.
- Notice of Termination or Pay in Lieu:
Employers must provide written notice of termination or pay in lieu of notice when terminating an employee. The amount of notice or pay depends on the length of employment:
- Less than 3 months: No notice is required.
- 3 months to less than 2 years: 1 week of notice or pay in lieu.
- 2 years to less than 5 years: 2 weeks of notice or pay in lieu.
- 5 years to less than 10 years: 3 weeks of notice or pay in lieu.
- 10 years or more: 4 weeks of notice or pay in lieu.
- Just Cause Termination:
- Employers can terminate an employee without notice or pay in lieu if there is just cause. Just cause typically includes serious misconduct such as theft, fraud, insubordination, or willful neglect of duty.
- Just cause must be clearly proven by the employer, and it must meet a high legal standard to avoid wrongful dismissal claims.
- Termination Without Cause:
- For terminations without cause (e.g., due to downsizing or restructuring), employers are required to provide the appropriate notice or pay in lieu, based on the employee’s length of service.
- If an employee is terminated without just cause, the employer cannot bypass the notice or pay requirement.
- Group Termination (Mass Layoffs):
- When an employer plans to terminate 50 or more employees at a single location within a 4-week period, they must give at least 6 weeks’ notice to the affected employees, as well as notify the Labour Standards Division.
- This is in addition to the required individual notice periods or pay in lieu.
- Final Pay:
- Upon termination, employers must provide all unpaid wages, including regular pay, vacation pay, and overtime pay within 1 week of the employee’s last day of work.
- Any severance pay or pay in lieu of notice must be included in the final payment.
- Termination During Probation:
- Employees who have worked for less than 3 months (the typical probationary period) are not entitled to notice or pay in lieu if terminated during this period.
- Severance Pay:
- Severance pay is not specifically required under the Labour Standards Act, except in the form of pay in lieu of notice if the employer opts not to provide working notice.
- Wrongful Dismissal:
- Employees who believe they were wrongfully dismissed (e.g., without just cause or without proper notice) may file a complaint with the Labour Standards Division or pursue legal action through the courts for damages.
- Exceptions to Notice Requirements – Termination notice not required if:
- The employee has worked for less than 3 months.
- The employee is dismissed for just cause.
- The employee works on a fixed-term contract or specific project, and the termination occurs at the end of the contract or project.
- The employee is involved in a strike or lockout.
- The employee refuses reasonable alternative work offered by the employer.
- Termination Due to Long-Term Absence:
- An employee who is absent from work for an extended period (such as due to illness or injury) can be terminated after a reasonable period, provided they are not on a protected leave (e.g., maternity or parental leave), and reasonable accommodations have been attempted.
For more information:
- Temporary lay-off becomes termination. Section 50.
- Collective agreements and written contracts of service. Section 51.
- No termination without notice. Section 52.
- Notice unnecessary. Sections 53 and 54.
Further details on the Labour Standards Act can be found at Canlii.org.
In Nova Scotia (NS), the termination of employment is regulated by the Labour Standards Code.
- Notice of Termination or Pay in Lieu:
Employers must provide written notice or pay in lieu of notice when terminating an employee without cause. The amount of notice required depends on the length of the employee’s service:
- Less than 3 months: No notice is required.
- 3 months to less than 2 years: 1 week of notice or pay.
- 2 years to less than 5 years: 2 weeks of notice or pay.
- 5 years to less than 10 years: 4 weeks of notice or pay.
- 10 years or more: 8 weeks of notice or pay.
- Just Cause Termination:
- Employers can terminate an employee without notice or pay in lieu if there is just cause. Just cause includes serious employee misconduct, such as theft, fraud, insubordination, or willful neglect of duty.
- Just cause terminations must be supported by clear evidence, proving just cause is high.
- Termination Without Cause:
- When an employer terminates an employee without cause (e.g., for restructuring, downsizing, or other reasons unrelated to misconduct), they are required to provide the appropriate notice or pay in lieu based on the employee’s length of service.
- Without proper notice or pay, the termination could be considered wrongful, and the employee may be entitled to compensation.
- Group Termination (Mass Layoffs):
- For group terminations involving 10 or more employees within a 4-week period, employers must provide written notice to both the affected employees and the Labour Standards Division.
- Final Pay:
- Employers must provide the employee's final wages, including unpaid regular wages, overtime, vacation pay, and any other entitlements, within 5 business days following the end of employment.
- Termination During Probation:
- Employers are not required to provide notice or pay in lieu for employees who have worked for less than 3 months.
- Severance Pay:
- Nova Scotia law does not require severance pay, except in the form of pay in lieu of notice when the employer opts to provide financial compensation instead of allowing the employee to work through the notice period.
- Wrongful Dismissal:
- If an employee believes they were wrongfully dismissed (e.g., terminated without just cause or without proper notice), they can file a complaint with the Labour Standards Division or pursue legal action for compensation.
- Where Notice Requirements are not required:
- The employee has been employed for less than 3 months.
- The employee is terminated for just cause.
- The employee is working on a fixed-term contract, and the termination occurs at the end of the term.
- The employee is involved in a strike or lockout.
- The employee refuses reasonable alternate work offered by the employer.
- Termination Due to Long-Term Absence:
- An employer may terminate an employee after a prolonged absence from work (e.g., due to illness or injury), provided the employee is not on a protected leave and sufficient time has passed.
For more information:
- Dismissal or suspension without just cause. Section 71.
- Termination of employment by employer. Section 72.
- Termination of employment by employee. Section 73.
- Duty of employer if notice is given. Section 24.
- Notice of termination by the employer. Section 75.
- Conditional notice of termination and where lay-off and no notice. Section 76.
- If employment continues. Section 77.
Further details on the Labour Standards Code can be found at NSlegislature.ca.
In the Northwest Territories, the termination process is regulated by the Employment Standards Act.
Termination of Employment
No employer shall terminate the employment of an employee who has been employed by that employer for a period of 90 days or more, unless the employer:
(1) 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
(2) Pays the employee termination pay.
Subsection (1,2) does not apply to an employee:
(a) Who is temporarily laid off;
(b) Who is employed in an activity, business, work, trade, occupation, or profession that is exempted by regulation;
(c) Whose employment is terminated for just cause;
(d) Whose employment is terminated because the employee has refused an offer by the employer of reasonable alternative work with the employer; or
(e) Who is on temporary layoff and does not return to work within seven days after being requested to do so in writing by the employer. Section 37(1).
This section applies when a notice of termination is given to one employee or a group of employees.
(3) A notice of termination must be given to an employee in advance of the date of termination by a period of at least two weeks plus one additional week for each year of employment over two years, to a maximum of eight weeks.
(4) The period of notice required by subsection (2) shall not coincide with the annual vacation of an employee whose employment is being terminated.
(5) If an employee has been employed by the same employer more than once, the separate periods of employment shall be deemed to be one period of employment for the purposes of subsection (2), if not more than 90 days have elapsed between each period of employment.
(6) An employer shall not, between the date that the notice of termination is given and the date of termination of employment,
(a) Reduce an employee’s wages or rate of wages; or
(b) Alter any term or condition of an employee’s employment.
(7) 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.
(8) A notice of termination is void and of no effect if an employee continues to be employed by his or her employer after the date for termination of employment specified in the notice of termination. Section 38(1)to(7).
If termination pay is given to an employee, the amount of termination pay must be equal to the wages and benefits to which the employee would have been entitled, if the employee had worked his or her usual hours of work for each week of the period for which notice would otherwise be required by subsection 38(2). Section 39.
The Employment Standards Officer may declare that an employer has terminated the employment of an employee, if the Employment Standards Officer is satisfied that:
(a) the employer has substantially altered a condition of the employee’s employment; and
(b) the purpose of the alteration is to discourage the employee from continuing in the employment of the employer. Section 40.
For more information:
- Termination of Employment of 50 or more employees at one time, or, within a period of four weeks. Section 41(1) to (16).
Further details on the Employment Standards Act and Labour Standards Act can be found at Justice.gov.NT.ca and Nunavutlegislation.ca.
In Ontario (ON), the termination of employment is governed by the Employment Standards Act, 2000 (ESA).
Termination of Employment – No termination without notice
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. Section 54.
What constitutes termination?
(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. Section 56(1).
Employer notice period
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. Section 57.
For more information:
- Notice of Termination of 50 or more employees: Section 58(1) to (7).
- Period of employment: Section 59(1).
- Lay off without notice: Section 33.
- Termination or layoff without notice or payment in lieu of notice: Section 34(1).
- Requirements during notice period: Section 60.
- Pay instead of notice: Section 61(1).
- Deemed active contributions: Section 62(1).
Further details on the Employment Standards Act can be found at Ontario.ca.
In Prince Edward Island (PEI), the termination of employment is regulated by the Employment Standards Act.
NOTICE OF TERMINATION
Termination of employment by employer, notice period:
(1) Except where an employer has just cause to terminate an employee, and subject to subsection (2), 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
(2) Subsection (1) does not apply to
(a) a person who is employed to perform a definite task for a period not exceeding twelve months;
(b) a person who is laid off for a period not exceeding six consecutive days;
(c) a person who has been offered reasonable other employment by his or her employer;
(d) a person who is terminated or laid off for any reason beyond the control of the employer, including
(i) the complete or partial destruction of a plant,
(ii) the destruction or breakdown of machinery or equipment,
(iii) the inability to obtain supplies and materials, or
(iv) the cancellation or suspension of, 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 termination or layoff; or
(e) a person who is terminated or laid off because of labour disputes, weather conditions or actions of any governmental authority that affect directly the operations of the employer.
Additional notice required where employee continues to work
(2.1) Where an employee is given a written 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 subsection (1). Section 29.
Further details on the Employment Standards Act can be found at Princeedwardisland.ca.
In Quebec, employee termination processes are governed by the Labour Standards Act (Loi sur les normes du travail).
DIVISION VI – 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. Section 82.
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. Section 82.1.
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 the employee's regular wage excluding overtime for a period equal to the period or remaining period of notice to which the employee was entitled.
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.
The indemnity to be paid to an employee remunerated in whole or in part by commission is established from the average of the employee's weekly wage, calculated from the complete periods of pay in the three months preceding the termination of the employment or the layoff. Section 83.
For more information:
- Employees governed by collective agreements: Section 83.1.
- Government Regulations that vary from Sections 82 to 83.1.
- Employee work Certificates: Section 84.
Further details on the Act Respecting Labour Standards can be found at Legisquebec.gouv.qc.ca.
In Saskatchewan, employee terminations are governed by the Saskatchewan Employment Act and the regulations set by the Saskatchewan Labour Standards.
Notice required for Layoff and Termination
Except for just cause, 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:
- more than 13 consecutive weeks but one year or less - one week
- more than one year but three years or less - two weeks
- more than three years but five years or less - four weeks
- more than five years but 10 years or less - six weeks
- more than 10 years - eight weeks Section 2-60(1)
Payments in case of layoffs or terminations
If an employer lays off or terminates the employment of an employee, the employer shall pay to the employee, with respect to the period of the notice required pursuant to section 2-60:
(a) If the employer is not bound by a collective agreement that applies to the employee, the greater of:
(i) the sum earned by the employee during that period of notice; and
(ii) a sum equivalent to the employee’s normal wages for that period; or
(b) If the employer is bound by a collective agreement that applies to the employee, the entitlements provided for in the collective agreement.
(2) For the purposes of subsection (1), if the wages of an employee, not including overtime pay, vary from week to week, the employee’s normal wages for one week are deemed to be the equivalent of the employee’s average weekly wage, not including overtime pay, for the 13 weeks the employee worked preceding:
(a) the date on which the notice of layoff or termination was given; or
(b) if no notice of the layoff or termination was given:
(i) the date on which the employee was laid off or terminated. Section 2‑61(1).
For more information:
- Notice of group termination: Section 2-62(1).
- Employee notice of termination: Section 2-63(1).
Further details on the Saskatchewan Employment Act can be found at Worksafesask.ca.
In Yukon, the termination process is regulated by the Yukon Employment Standards Act.
Notice required for Termination
(1) No employer shall terminate the employment of an employee who has been employed for six consecutive months or more unless the employer gives:
(a) one week’s notice in writing to the employee whose period of employment is less than one year;
(b) two weeks’ notice in writing to the employee whose period of employment is one year or more but less than three years;
(c) three weeks’ notice in writing to the employee whose period of employment is three years or more but less than four years;
(d) four weeks’ notice in writing to the employee whose period of employment is four years or more but less than five years;
(e) five weeks’ notice in writing to the employee whose period of employment is five years or more but less than six years;
(f) six weeks’ notice in writing to the employee whose period of employment is six years or more but less than seven years;
(g) seven weeks’ notice in writing to the employee whose period of employment is seven years or more but less than eight years;
(h) eight weeks’ notice in writing to the employee whose period of employment is eight years or more, and the notice has expired.
(3) The period of notice prescribed in subsection (1) shall not coincide with the employee’s annual vacation. Section 50.
Pay in lieu of notice
If an employer terminates the employment of an employee without having given the employee the notice required by subsection 50(1), the employer shall pay to the employee termination pay in an amount equal to the amount that the employee would have been entitled to receive as their regular wages for their normal hours of work for the period prescribed by subsection 50(1). Section 51.
Deduction instead of notice
(1) If an employee terminates their employment with an employer without having given the notice required by section 50, the employer may, with the consent of the employee, deduct from the wages due to the employee an amount equal to one week’s wages of the employee at the employee’s regular rate of pay for the employee’s normal hours of work.
(2) If an employee to whom subsection (1) applies does not consent to the deduction from their wages of the amount referred to in subsection (1), the employer shall pay that amount to the director.
(3) If the director receives the payment of an amount pursuant to subsection (2), the director shall investigate the matter and may make one or more of the following orders:
(a) determining whether the employee was required by this Part to give notice pursuant to section 50;
(b) to repay the amount to the employer;
(c) to pay the amount to the employee if section 50 does not apply or if it would be inequitable in the circumstances to deprive the employee of their wages. Section 52.
For more information:
- Interpretation of Termination of Employment: Section 48.
- Application: Section 49.
- Temporary lay-off becoming permanent: Section 53.
- Changes to employment after notice: Section 54.
- Continuation of employment after expiration of notice: Section 55.
- Termination by change of employment conditions: Section 56.
Further details on the Employment Standards Act can be found at Yukon.ca.
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