Federally regulated employees will be entitled to enhanced termination notices with the coming into force of the amendments to the Canada Labour Code on February 1, 2024. Employers are now required to provide employees in situations of individual terminations with a graduated termination noticed based on the length of the service, which is very similar to what provincially regulated employees are entitled to. Group termination entitlements remain the same. Rather than the restriction to two weeks’ notice that existed prior to the amendment, federally regulated employees will be entitled to notice as follows:
Continuous service completed Termination notice required
3 months 2 weeks (no change with the amendment)
3 years 3 weeks
4 years 4 weeks
5 years 5 weeks
6 years 6 weeks
7 years 7 weeks
8 years and more 8 weeks
Employees who are terminated for just cause are not entitled to the termination notice.
With the amendment, employers are also required to provide a statement of benefits to employees whose employment is terminated. The statement of benefits must include the employee’s rights to vacation benefits, wages, severance pay and any other benefits or pay arising from their employment.