Two weeks termination pay
Two weeks’ notice is now being required for most recruitment and job searching activities in Canada. This requirement was originally introduced to ensure the protection of Canadian employment severance pay law and to ensure access to social programs such as health care, education, and employment opportunities for First Nations and Inuit individuals. Now that this requirement has been amended, employers are required to give one month’s notice for all job terminations and all dismissals, except for special circumstances. The revised legislation is also effective for all employees working in federally regulated industries like the Canadian Military Corporation, Department of Indian Affairs, Department of Industry, Department of Transport, and Canadian Aboriginal Employment Organization. The amendments have been designed to ensure equal opportunity for women in all workplaces regardless of gender, ethnicity, age, or disability.
The new regulations now state that any employer who requests two weeks termination pay must provide written notice to their employees. A written notice must be provided to the employee not later than one business day after the date of the last ordinary pay day. The notice must include all of the employee’s rights to paid holidays, paid sick leave, paid vacations, paid maternity or paternity leave, and other applicable benefits. If the employer does not provide the required notice or fails to comply with the regulations, the employee may proceed with filing a complaint under the Canada Labour Code or the Civil Rights Act. Where applicable, the person may also file a claim for unfair dismissal, compensation for workers’ compensation, or both.
The Statutory Provisions and Regulations No. 85 that came into force on May 1, 2021 state that two weeks’ notice must be provided for all employees whose contracts end on that date, including employees who receive regular wages or other payments that cannot be reduced, but are scheduled to end on the ninety days payday. For employees covered by a standard work agreement, this period is the maximum amount of time for which payment is to be made for two weeks termination pay. In case of employees who are subject to clauses of agreement providing for additional pay during the term of the agreement, the Statutory Provisions and Regulations prohibit the employer from deducting more than nine hundred and fifty per cent of the average weekly earnings of the employee in the final two weeks of the contract.
Two weeks termination pay – Providing Information to the Labour Standards Officer
To file complaints under the Canada Labour Code and the Civil Rights Act, you will have to give the statutory information contact information of the provincial labour standards compliance office. You will need to provide your employer with the prescribed form and provide your reasons for writing the letter of claim. The prescribed form for such complaints is available from the office.
Once you send the prescribed form, the provincial labour standards officer will forward it to the employer. The employer will then have to either accept the decision of the labour standards officer, or make the necessary amendments to the contract. The employer will be required by the labour standards office to inform the office within a given time of receipt of the complaint. Failure of the employer to comply with the requirement to reply within a given period of time shall result in a complaint being registered. If, after investigation, the labour standards office find that the complaint has been well-substantiated, the office will give the employer a formal notice of determination.
After a complaint has been registered, you must get the consent of the employer before you can proceed with the termination. The employer must provide you with written consent before you can terminate the contract. You must provide the consent within two weeks from the date on which the contract was entered into. You must also provide the prescribed information and documentation to the labour standards officer.
