Quote:
Originally Posted by Torture
If you want to tell them then there's really no reason not to, might help them change things to make it better for those still working there. If I was in their position I would likely want to know.
And just a small thing...it's employment law, not labour law....labour law deals with Unions. (Yup I'm being nitpicky but I'm an HR major so that's what I'm here for) 
Here's the BC Employment Standards site. They should have a phone number to call with any questions that the website doesn't answer as well.
http://www.labour.gov.bc.ca/esb/
Read section 63 on how many weeks you're entitled to.
So sounds like...4 weeks severence? |
Quote:
Originally Posted by BlackArcher101
If you read on, it states this:
(3) The liability is deemed to be discharged if the employee
(a) is given written notice of termination as follows:
(i) one week's notice after 3 consecutive months of employment;
(ii) 2 weeks' notice after 12 consecutive months of employment;
(iii) 3 weeks' notice after 3 consecutive years of employment, plus one additional week for each additional year of employment, to a maximum of 8 weeks' notice;
(b) is given a combination of written notice under subsection (3) (a) and money equivalent to the amount the employer is liable to pay, or
(c) terminates the employment, retires from employment, or is dismissed for just cause.
To me it reads as if the employee gives notice, then the employer is not liable for the payment schedule in Section 6 (2).
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Please note that my experience is based on Alberta law only. While the concepts are generally the same in BC as they are in Alberta, the specific numbers may be slightly different between the two provinces.
Employment standards legislation sets out the minimum terms of your employment. The legislation may or may not apply to your industry (for example, in Alberta the employment standards legislation does not apply to lawyers) or it may specify minimum standards different from the rest of the workers out there (for instance, farm workers are treated differently in Alberta than most other workers). Both the Alberta and the BC acts specify how much notice of termination an employer must give an employee and it normally depends on the length of service with that employer. Note that this is the minimum notice and there are a variety of factors that, at common law, may serve to increase the notice period.
An employer can terminate an employee for any (or no) reason whatsoever provided the employer provides reasonable notice of the termination (or payment in lieu). This means that they can either say "you are terminated as of four weeks from now" or, the more likely scenario, "Here's four weeks pay, take a hike." In the latter situation, the pay is often termed severance pay.
If you resign voluntarily, the employer is not obligated to pay severance. You are normally obligated to provide notice of your resignation and this is often the two weeks notice we hear about so often. This period can be longer or shorter depending on a variety of factors. If you do not provide adequate notice of your resignation, your employer can turn to the courts to get compensation from you for any damages they suffer as a result of not getting sufficient notice. This has happened in the past but is relatively rare.