Basic Rules:

  • Employees and employers must give each other notice of their intention to end the employment
  • An employer may end the employment of an employee by giving them:     
    • termination notice,
    • termination pay, or
    • a combination of termination notice and termination pay


When an Employee quits, notice period rules are applicable as mentioned in the agreement.


Employers who end their employee’s employment must give the employee, and ensure they receive, written termination notice.

An employer must give written notice to their employee of at least: (Length of employment v/s Notice Period) as follows:


13 consecutive weeks but 1 year or less = 1 week;
1-3 years of employment = 2 weeks;
3-5 years of employment = 4 weeks;
5-10 years of employment = 6 weeks;
10+ years of employment = 8 weeks


Note:

If the employee’s wages vary from week to week, the employer would need to calculate the weekly wage averaged over the employee’s last 13 weeks of work. The weekly average would then be multiplied by the amount of working notice required. Overtime, tips and gratuities are not included in these calculations.

Pay instead of notice must be paid within 14 days. If a pay day falls within the 14-day period, the employer must provide the employee’s pay on that day.