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Notice of termination

(Chapter 13 of the Decree)

The notice of termination is a letter given to employees advising them that their services will not be needed starting a certain date.

If an employee has at least 3 months of service, the employer must give him a notice of termination before:

  • a termination of his contract (except in cases of serious fault)
  • a lay-off for a period of 6 months or more.

The notice of termination is calculated according to the years of service:

  • the employee with less than one year of service: notice of one week
  • the employee with one to 5 years of service: notice of 2 weeks
  • the employee with 5 to 10 years of service: notice of 4 weeks

• the employee with 10 years of service or more: notice of 8 weeks.

 Attention! If the employer does not give the written notice of termination, he must pay an equal amount as specified above.

Paid notice and worked notice

Caution! It is up to the employer to decide to advise you by letter within the times envisaged in article 13.01 or to pay you the compensatory indemnity envisaged in article 13.03. Therefore, if you receive a letter from the employer advising you that you will be dismissed in two weeks, for example, you cannot decide to leave your work and require to be paid for these two weeks.

Layoff with less than 6 months

If the employer lays you off for lack of work and if the Record of Employment indicates a return to work within 6 months, or to an unspecified date, you are not entitled to the notice, nor to the 6% final vacation pay. On the other hand, if you were not recalled to work in the 6 months, notice and the vacation pay (6%) become due and the Parity Committee can claim them if the employer refuses to pay them.

Caution! If you are laid off for less than 6 months and you ask your employer to pay you your accumulated vacation, be careful! Ensure yourself that it will not be regarded as a voluntary departure with payment of the final 6%. You could lose your bond of employment and your benefits in the event of a return to work. Moreover, you would be likely to have problems with the Employment Insurance when applying.