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Severance Pay Explained

Written by Leduc RH | Aug 18, 2025 1:05:15 AM

Definition of Severance Pay

Severance pay refers to a sum paid by an employer to an employee whose employment is ending, typically in the context of an individual or collective layoff. It may serve as a replacement for notice, compensation for job loss, or result from a mutually agreed separation.

This payment is distinct from regular salary or vacation pay—it is specifically linked to the end of the employment relationship.

 

When Is Severance Pay Granted?

Severance pay may be provided in situations such as:

  • When the employer does not want the employee to work during the notice period
  • In the case of a negotiated departure, sometimes including a release form
  • As recognition of seniority or employee status (executive, manager, etc.)

It is not always mandatory under the Act Respecting Labour Standards, except when replacing a legally required notice.

 

How Is Severance Pay Calculated?

The amount varies depending on several factors:

  • The employee’s years of service
  • The level of responsibility or overall compensation
  • Company practices or internal policies
  • Conditions outlined in an employment contract or collective agreement

Some employers follow guidelines (e.g., one week per year of service), but this is not a universal rule.

 

Severance Pay vs. Notice Pay

Term Purpose
Notice Pay Replaces the minimum legal notice required
Severance Pay Voluntary or negotiated compensation, often higher than minimum notice

It is common for both to be combined into a single payment.

 

Tax Treatment of Severance Pay

Severance pay is taxable in Québec and Canada. It may:

  • Be taxed at source (deductions withheld from payment)
  • Be eligible for transfer into an RRSP, under certain conditions

A tax advisor can help optimize how it is treated.

 

Departure Agreement and Release

In many cases, severance pay is offered in exchange for signing a release. . This agreement prevents the employee from making future claims against the employer.

 

In Summary

Severance pay refers to compensation paid to an employee at the end of employment—whether to replace notice, as recognition, or as part of a settlement. It is variable, taxable, and often formalized through an agreement. Understanding it properly helps both parties manage employment separation with respect.

 

Important Notice - The information presented in this article is provided for general informational purposes only. It does not constitute legal advice or personalized professional guidance. Each termination or employment situation may involve specific circumstances. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making any decision.