Saturday, September 20, 2008

Anyone know stuff about employment law?

Employment laws require employers to give employees notice - on average, six months, although that could be shorter or longer depending on the length of employment and seniority - when their jobs are being terminated; employees are entitled to be paid for that time.


Six months? Is that correct? Like even for ordinary people? That seems really high to me, I always thought it was like two weeks.

5 comments:

laura k said...

What employment law requires that? Not Ontario, not New York State, I'm sure of that.

In both ON and NY, if there an employee is fired with cause, no notice is required, just two weeks' pay.

I didn't check out the link. Will now.

laura k said...

This seems to be about companies eliminating positions - "downsizing". There are some laws about that, but I've never seen anything that says 6 months. When companies give 3 months, it's considered generous.

impudent strumpet said...

Yeah, I can't look for laws reliably because I don't know enough about employment law, so if I don't find anything it may well just mean I didn't look everywhere. But I've seen quite a few collective agreements (more than a normal person, less than a labour relations person), and they all set out severance/notice that was WAY less than six months, generally one week for for every year worked, plus or minus. I'd be very surprised if multiple collective agreements for multiple employers set out notice terms that were way less than required by employment law.

laura k said...

"I'd be very surprised if multiple collective agreements for multiple employers set out notice terms that were way less than required by employment law."

Good point. RS and I have both worked in law firms that did a lot of employment law. I never saw anything, ever, that set out six months.

Anonymous said...

It's different in different places. It sounds a bit extreme to me too but it could be an average. Taking into account CEOs who are paid billions of dollars in lieu of notice because they want them to leave right away, and they are entitled to a lot. Collective Bargaining Agreements can often set out terms that vary largely from employment law though, in favour of other terms they value more highly. That is what I know.

Also, for most hourly employees in BC, it's 0 weeks after a year, 2 weeks after 2 years, 3 weeks after 3 years, et cetera up to 8 weeks max.

None of that is necessarily helpful. Also I thought that just cause meant that no notice was required.