Employment Standards Act of British Columbia - Part VIII: Termination of Employment

Part VIII: Termination of Employment

The amount of notice or pay in lieu of notice than an employee is entitled to depends on their length of service with their employer.

  • For service less than 3 months, no severance pay is required
  • For service between 3 and 12 months, 1 week of severance is required
  • For service between 12 months and 3 years, 2 weeks of severance are required
  • For service of 3 years or more, the amount of severance is calculated on the basis of 1 week per year of service, to a maximum of 8 weeks.

Additional notice is required where a large number of employees are terminated at a single location within a 2 month period.

Exceptions:

  • Casual employment
  • Defined term employment
  • Employment was for specific work to be completed within 12 months
  • Employment has become impossible to perform due to unforeseeable event
  • Employee employed by a construction employer at one or more construction sites
  • Terminated employee refused reasonable alternative employment with employer

There are other sections of the Act that deal with Termination of Employment Variances; Complaints, Investigations and Determinations; Enforcement; Employment Standards Tribunal; Appeals; General Provisions; Transitional and Consequential Provisions.

Read more about this topic:  Employment Standards Act Of British Columbia

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