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Definition of a Notice of Termination of Employment
A notice of termination of employment is a formal notification given by the employer to an employee to inform them that their employment will end on a specific date. It can be delivered in writing or, in some cases, verbally, but it is generally recommended to formalize it in writing for legal and administrative reasons.
In Quebec, this notice is governed by the Act respecting labour standards, which sets out minimum notice periods based on the employee’s length of continuous service.
When must a notice of termination be given?
An employer must provide a notice of termination when ending an employee’s contract without disciplinary cause (i.e., without serious misconduct) and when the employee has at least three months of continuous service with the company.
The notice may be replaced by a payment in lieu of notice if the employer chooses to end the employment immediately without requiring the employee to work during the notice period.
Minimum notice periods under the Act
The Act respecting labour standards in Quebec establishes the following minimum notice periods:
| Ancienneté de l’employé | Délai minimal d’avis |
|---|---|
| Less than 3 months | No notice required |
| 3 months to less than 1 year | 1 week |
| 1 year to less than 5 years | 2 weeks |
| 5 years to less than 10 years | 4 weeks |
| 10 years or more | 8 weeks |
These rules apply to individual terminations. In the case of a collective dismissal, additional rules apply, including the obligation to provide notice to the Minister of Labour.
What form should the notice take?
The notice may be:
- Written, delivered in person or by email
- Included in a termination letter
- Accompanied by severance pay if the notice period is not worked
It is recommended that the notice include the end date of employment, departure conditions, and information on documents provided (Record of Employment, final pay, etc.).
Exceptions: when notice is not required
The employer is not required to give notice in the following situations:
- The employee has less than 3 months of service
- The employee has committed serious misconduct (immediate dismissal)
- The contract is for a fixed term and ends at its stated expiry
- The work is occasional or on-call, with no guarantee of hours
In summary
A notice of termination of employment is a notification provided by the employer to inform an employee that their employment will end on a given date. In Quebec, it is subject to clear legal rules and may be replaced by a payment in lieu of notice. Properly structuring this notice, while respecting legal deadlines, helps ensure a compliant and humane management of employee departures.
Important Notice - The information provided in this article is for informational purposes only. It does not constitute legal advice or professional advice. Each termination situation may have its own specificities. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making any decision.
