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What you need to know before proceeding with layoffs

 

Oui, c’est la version anglaise du même article. Je lui appliquerais exactement les mêmes corrections que celles qu’on vient de faire en français, en gardant un anglais naturel.

What to Know Before Proceeding With a Layoff

The information presented in this article is for informational purposes and provides general guidance only. It does not replace legal or professional advice tailored to a specific situation. It is recommended to consult a qualified legal advisor or HR professional before proceeding with a termination of employment.

Updated 2026

Most organizations will, at some point, need to carry out one or more layoffs. Ending someone’s employment is a sensitive process that requires a respectful and thoughtful approach while taking into account legal obligations and HR best practices. Here are some important considerations before proceeding.

Apply the Same Care to a Layoff as You Would to Hiring

When laying off an employee, the way the situation is handled directly influences how the organization is perceived, both by the individual affected and by the rest of the team.

The way an organization manages employment terminations reflects its values and management practices. It is therefore important to give the process the same level of care and attention as you would when hiring.

After all, losing a job is a significant moment in a person’s professional life. Even after leaving the organization, former employees can remain ambassadors for your organization.

Be Prepared for the Meeting

Whenever circumstances allow, prioritize an in-person meeting or, in a remote work environment, a virtual meeting that allows for a direct conversation. Whenever possible, avoid communicating a termination solely by email or message.

Depending on the circumstances, having a second person present may be appropriate. This could be an HR representative or another person designated by the organization. An HR consultant or career transition specialist may also be present to support both the process and the individual affected.

Prepare all necessary documentation before the meeting. This may include information about the next steps, the terms of the termination, the return of company property, documents requiring a signature, and any resources or support being offered.

Providing clear information in writing is particularly important, as the individual may have difficulty retaining everything communicated verbally after learning that their employment is ending.

Determine the Best Timing

The layoff announcement is generally delivered by the immediate supervisor, often accompanied by an HR representative. The manager knows the individual, their role, and the context surrounding the decision, allowing them to communicate the information clearly and respectfully.

Choose a private setting that protects the confidentiality and dignity of the individual concerned.

The timing of the announcement should also be considered carefully. There is not necessarily one ideal time that applies to every situation. However, it may be helpful to consider the availability of resources that will be offered following the announcement, including career transition services, HR support, or employee assistance resources.

Depending on the circumstances, the individual may leave the organization immediately following the announcement or continue working for a certain period.

When appropriate, also provide a respectful way for the individual to collect their personal belongings and leave the workplace. If an agreement or proposal is provided, allow reasonable time for them to review it and seek appropriate advice before requesting a response.

Legal: The Requirement to Provide Notice

When an employer terminates an employee’s employment, certain obligations must be respected, including requirements related to notice.

In Quebec, the Act respecting labour standards generally requires employers to provide employees with written notice of termination within prescribed timeframes. The minimum notice period varies according to the employee’s uninterrupted service with the employer.

Notice and Compensation in Lieu of Notice

Under the Act respecting labour standards, the minimum notice periods are:

  • Less than 3 months of uninterrupted service: no notice
  • 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

In certain situations, an employer is not required to provide notice of termination, including when the employee has less than three months of uninterrupted service, when a fixed-term contract expires, when the employee has committed serious misconduct, or when the termination results from a case of force majeure.

The employer may choose to have the employee continue working during the notice period. If the required notice is not provided, or if the notice period is insufficient, the employer must generally provide compensation in lieu of notice corresponding to the employee’s regular wages for the applicable notice period.

The benefits to which the employee is entitled must also be maintained throughout the notice period prescribed by the Act respecting labour standards.

Reasonable Notice Under the Civil Code of Québec

The notice periods established under the Act respecting labour standards are minimum requirements. For an employment contract of indeterminate duration, the Civil Code of Québec also provides for a reasonable notice period.

The appropriate notice period may vary depending on the circumstances, including:

  • The nature of the employment
  • The particular circumstances in which the work is performed
  • The duration of employment

Depending on the situation, the reasonable notice period may therefore be longer than the minimum required under the Act respecting labour standards.

Because an employer’s obligations can vary depending on the specific circumstances surrounding a termination of employment, obtaining legal advice is recommended to determine the requirements applicable to each situation.

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