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Employees - Labour standards

Notice of Dismissal or Layoff

Caroline has been working in a shoe factory for eight years. Today, her boss announced that the company would be letting Caroline go, effective immediately. The boss has nothing against Caroline – the business has just been doing very poorly lately. Is this legal?

In this Infosheet, Éducaloi explains the obligations of the employer to give advance notice under the Act respecting labour standards.

Does the Act respecting labour standards apply to me?

The Act respecting labour standards applies to most employees in Quebec. An employee is a person who works for an employer and who earns a wage or salary.

Many workers are not covered, or are only covered in part by the Act respecting labour standards.

To find out if the Act respecting labour standards applies to you, consult our Infosheet Labour standards in Quebec  (http://www.educaloi.qc.ca/en/loi/employees/91/).

My boss just informed me that there is no more work for me, so I shouldn’t bother coming into work tomorrow. After a year and a half of loyal service, does he have a right to dismiss me in this manner?

No. Your employer cannot terminate your employment contract on such short notice.

The Act respecting labour standards states that the employer must give a written notice to the employee within a certain minimum time in advance of the day of the layoff or termination. This time period depends on the length of the employee’s service with the employer.

• the notice must be given 1 week in advance if you have between 3 months and 1 year of service;
  
• the notice must be given 2 weeks in advance if you have 1 to 5 years of service;
  
• the notice must be given 4 weeks in advance if you have 5 to 10 years of service;
  
• the notice must be given 8 weeks in advance if you have 10 or more years of service.

So, in the situation mentioned above, your employer should have given you two 2 weeks written notice.

What happens if my employer doesn’t given me notice of termination of employment?

If your employer doesn’t give you a termination notice when he is obliged to do so, he must give you compensation instead. This amount is equal to the wages that you would have earned between the moment of the notice and the first day of the layoff or termination would normally be allowed to take effect. For example, if the notice must be given 2 weeks before termination, the employer will owe you the equivalent of 2 weeks of salary.

I received a notice of termination of employment and I know that another company wants to hire me. Am I obliged to continue to work for the employer who has just given me notice?

Yes. You are obliged to continue working for the entire duration of the notice, unless you make special arrangements with the employer who wants to terminate your employment. For example, you could agree with your current boss to stop working for him a few weeks or days earlier than planned, as long as you finish the work that still needs to be done.

The company’s sales are dropping, and my employer says he must lay me off for 6 months. Must he give me a notice of termination of employment?

If you are going to be laid off for 6 months or longer, you are entitled to a notice of layoff before being laid off.

If the duration of your layoff is unknown or is less than 6 months, and your employer fails to call you back to work, he must pay you compensation at the end of the 6 months in lieu of the notice.

This means he must give you the equivalent of your regular salary, without overtime, for a period equal to the notice that you have a right to receive. For example, if you have between 5 and 10 years of service, your employer must pay you the equivalent of 4 weeks of wages or salary.

What happens if I receive a notice of termination after being laid off?

If you receive a notice of termination of employment while you are laid off, this notice is not valid and it doesn’t replace the notice that should have been given to you before the layoff. As in the previous example, your employer must pay you compensation.

Are there situations where it is alright for an employer not to give a notice of termination?

Yes. The employer is not obligated to give a notice of termination of employment in the following cases:

• the worker has less than 3 months of continuous service;
  
• the worker has an employment contract with a determinate end date;
  
• the worker has committed a serious fault;
  
• the worker was laid off or the contract ended because of a situation of superior force or an accident, like a fire.

Two months into my new job, my employer tells me that he is dissatisfied with my performance and that I should not bother coming into work tomorrow. Isn’t he obliged to give me at least one week’s notice?

No. Under the Act respecting labour standards, your employer doesn’t need to give you a notice of termination of employment if you haven’t worked for him for at least 3 months without interruption.

I heard that upon the termination of my employment contract, my employer could have given me a work certificate. What is it?

You heard correctly. You can require your employer to give you a work certificate when your employment contract ends.

A work certificate is a document that indicates the nature and duration of your employment, the dates on which your employment began and terminated, the position held and the name and address of your employer. It cannot mention the quality of your work or your conduct.

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]