At-will status and/or notice period?
Notice period. Canada is not an at-will jurisdiction. Therefore, on termination without cause, employees must be provided with notice of termination or pay in lieu. This entitlement may be included in a contract. If not, in British Columbia, the Employment Standards Act sets a minimum notice entitlement ranging between one to eight weeks depending on length of service. Further, common law provides a greater right to notice.
What restrictions apply to the above?
In an employment contract, the employer and employee can agree to the employee’s entitlements on termination, as long as those entitlements satisfy the minimum requirements under applicable employment standards legislation.
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