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Notice of termination for part-time workers; paying wages in lieu in instalments

Notice of termination for part-time workers

Question: notice of termination requirements apply to part-time workers or are they only for full-time employees?

ANSWER: Termination requirements in all Canadian jurisdictions, except for Nunavut, apply to all full-time and part-time workers if they are not otherwise excluded from legislated termination standards.

In Nunavut, employees must work at least 25 hours a week to be covered under the Labour Standards Act’s termination requirements. For more information on the rules that apply for ending an employment relationship, contact the applicable labour standards board.

Paying wages in lieu in instalments

Question: When an employer terminates an employee’s employment and provides wages in lieu of notice, are employers allowed to make the payment in instalments?
 
ANSWER: Issues surrounding the termination of an employee depend on the jurisdiction in which the employee works since termination rules are covered under provincial/territorial labour standards laws and the Canada Labour Code for federally regulated workplaces.

In all Canadian jurisdictions, except Yukon, employers must pay legislated wages in lieu of notice payments in a lump sum within a specified time (as shown in the table that follows). There may be situations where employers are allowed to pay amounts in excess of the statutory minimums in instalments, but before making such a decision, employers are advised to discuss the issue with their lawyer to determine whether this would be legal.

These are the wages in lieu of notice requirements that apply when an employer is required to give an employee notice of termination. Other payment deadlines apply when no notice is required or when an employee terminates employment. Contact Alberta Employment Standards for more information.

These are the wages in lieu of notice requirements that apply when an employer is required to give an employee notice of termination. Other payment deadlines apply when an employee initiates the termination. Contact B.C. Employment Standards for more information.

Any vacation pay owing on termination must be paid within 10 days after the termination.

Employers are allowed to pay severance pay in instalments over a period of up to three years if the employer has the employee’s agreement in writing or the Employment Standards director approves it. If the employer fails to make an instalment payment on time, all of the severance pay still owing becomes immediately due.

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