Division 8 also outlines circumstances in which an employer or an employee may not be required to provide termination notice under the Code. Employers who want to keep an employment relationship may temporarily lay off an employee. termination of employment in Alberta Termination of employment is one of the most significant areas of employment law. obligations on termination, is informed by the Alberta Employment Standards Code (RSA 2000, c E-9) (the “Code”), the common law and an employee’s contract of employment. The Code sets out minimum responsibilities of employers and employees related to termination, including situations where notice is not required. Updated. This notice is meant to give you time to find a new job. What Is Termination Pay In Alberta? On the 91st day of a temporary layoff, the employee’s employment is considered to be ended, and the employer must pay termination pay based on length of employee's employment . If the employee took a job protected leave during the time they have worked for the employer, that time counts as being continuously employed for the purposes of calculating years of service. Employers are also required to give notice of individual termination or pay in lieu of notice, as well as the group termination of employment notice to each individual employee identified as part of the group affected. The Code sets out a process for employers, a group of employers or employer associations to apply to the government (Director or Minister) to issue a variance or exemptions from certain provisions of the Code. developing an employee handbook and distributing it to all staff: include information on vacation and general holidays, overtime and disciplinary measures for misconduct, post a copy of this handbook in a public place for all staff, issuing warning letters if the employee’s conduct becomes problematic. Employees who wish to end their employment must give written notice to the employer. The exception is where the dismissal is in violation of human rights legislation. The Human Rights Code, The Workplace Safety and Health Act, and The Labour Relations Act all deal with issues around ending employment. Employees, Employment Law What Does It Mean to Be Terminated “Without Cause” in Alberta? If disability is a factor, an employer should ensure that every reasonable attempt at accommodation has been made to the point of undue hardship. For more information, see the Alberta Human Rights Commission. Leave and vacation conflict. ... before a termination is triggered. The Employment Standards Code may apply when terminating an individual's employment. The Supreme Court of Canada recently spoke of this in Matthews v. Ocean Nutrition 2020 SCC 26. However, if the business’ operations are resumed within 52 weeks, the employer must reinstate the employee, or provide them with alternative work. Likewise, construction employees aren’t required to give their employer termination notice. Employers are prohibited from requiring employees to use entitlements such as vacation or overtime during the termination notice period, unless agreed to by both parties. If you have questions about your rights regarding termination and would like legal advice, you can use the Law Society of Alberta Lawyer Directory to find a lawyer who specialized in labour legislation and layoffs. Canadian Legal Information Institute (CanLII) website. A. Employers may give termination notice, termination pay or a combination of termination notice and termination pay. The following amendments, which are set to come into effect at the various times noted below, are some of the noteworthy changes to these statutes: EMPLOYMENT STANDARDS CODE. 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