A notice of termination refers to a written notification given by the employer to inform an employee in advance that their employment will be ending. In Québec, this requirement is outlined in the Act Respecting Labour Standards and depends on the employee’s length of continuous service.
If the employer does not want the employee to work during the notice period, they may provide an equivalent payment, known as termination pay or pay in lieu of notice.
According to the Act Respecting Labour Standards, the length of notice depends on the employee’s seniority. These represent the minimum legal requirements. An employment contract, collective agreement, or internal policy may provide for longer notice periods.
The notice must be provided in writing, clearly dated, and indicate the employee’s final working day. Ideally, it should also outline the conditions of the period (e.g., paid leave, return-to-work obligations, continuation of benefits).
The employer may choose not to have the employee work during the notice period. In this case, the employer must pay an amount equivalent to the salary the employee would have earned up until the end date.
This payment is often provided as a lump sum at the time the termination letter is delivered.
Notice is not required in certain cases, including:
In the case of a collective dismissal, special rules apply. These include the obligation to notify the Minister of Labour and provide longer notice periods (8 to 16 weeks depending on the number of employees affected).
A notice of termination refers to the minimum advance notice an employer must provide before ending an employee’s job. It may be worked or replaced by a payment, depending on the employer’s choice. This legal obligation is designed to protect workers and give them time to prepare for job loss.
Important Notice - The information presented in this article is for informational purposes only. It does not constitute legal advice or personalized professional guidance. Each employment or termination situation may involve specific circumstances. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making any decision.