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13.00 Notice of termination of employment or layoff

13.01. The employer shall give written notice to an employee before terminating his contract of employment or laying him off for 6 months or more.

The notice shall be of one week if the employee is credited with less than one year of uninterrupted service, 2 weeks if he is credited with one to 5 years of uninterrupted service, 4 weeks if he is credited with 5 to 10 years of uninterrupted service and 8 weeks if he is credited with 10 or more years of uninterrupted service.

A notice of termination of employment given to an employee during the period when he is laid off is null.

This section does not deprive an employee of any right granted to him under the Act respecting labour standards or any other Act.

R.R.Q., 1981, c. D-2, r. 39, s. 13.01; O.C. 275-82, s. 7; S.Q., 1982, c. 53, s. 56; O.C. 2526-85, s. 4; O.C. 262-94, s. 19.

13.02. Section 13.01 does not apply to the employee:

  • 1) who has less than 3 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) whose contract of employment is terminated or who is laid off as a result of a fortuitous event.

O.C. 262-94, s. 19.

13.03. An employer who does not give the notice prescribed by section 13.01 or who gives insufficient notice shall pay the employee a compensatory indemnity equal to his regular wage, excluding overtime, for a period equal to the period or remaining period covered by the notice to which he 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 6 months, or at the end of a period of 6 months for a layoff of indeterminate length, or a layoff expected to last less than 6 months but which exceeds that period.

O.C. 262-94, s. 19.

13.04. In the case of an employee who, under a collective agreement, is entitled to recall privileges for more than 6 months, the employer is bound to pay the compensatory indemnity only from the first of the following dates:

  • 1) the expiry of the recall privileges of the employee;
  • 2) one year after layoff.

The employee referred to in the first paragraph shall not be entitled to the compensatory indemnity:

  • 1) if he is recalled before the date on which his employer is bound to pay the indemnity and if subsequently he works for a period equal to or longer than that of the notice prescribed in section 13.01;
  • 2) if he is not recalled owing to a fortuitous event.

O.C. 262-94, s. 19.