Employees normally must give their employers written notice that they are quitting their jobs. "Notice" in this case is the amount of time between when the employee tells the employer in writing that they are leaving their job and the time the employee actually leaves.
How much written notice an employee must give depends on how long he/she has worked for the same employer.
An employee must give:
An employee’s have been broken because the employee was laid off, suspended, or fired.
This is important to know if the employee is about to resign and must decide whether to give their employer one or two weeks’ notice. The Labour Standards Code states that an employee’s period of employment is considered unbroken unless it is broken:
Also, if an employee quits and is rehired, their period of employment is broken, and they start a new period of employment based on their rehire date.
Just as an employer sometimes does not always need to give an employee notice their employment is ending, there are also times when employees do not need to give notice. These are:
When an employee quits without providing notice required by the Code, the employer may file a complaint with the Labour Standards Division and claim pay owed to the employee. If the employer can show they experienced a financial loss or hardship because the employee quit without proper notice, Labour Standards might find the employer is entitled to keep all, or a portion of, pay owed to the employee. As an example, an employer may be able to claim an employee’s final pay to compensate the employer for the cost of paying other workers overtime pay to finish work the employee would have completed if the employee had not quit without notice.
In situations where the Code does not require an employee to give notice, such as when an employer breaches an employee’s terms and conditions of employment, there is no basis under the Code for an employer to pursue compensation for any financial cost or hardship experienced by the employer because of an employee’s abrupt quit.
The rules about employees giving notice of quitting their jobs do not apply for the following employees:
An employee's period of employment runs from the time the employee is hired to the time the employee's job ends and it includes any periods where the employee is laid off or suspended for less than twelve consecutive months. If there was a break in the employee's employment because the employee was fired, provided the break was 13 weeks or less, the employee's period of employment would continue to run from the date the employee was originally hired. If the break was more than 13 weeks long (or the employee quit), the employee's new period of employment would start from the date he/she was re-hired.
If an employer breaks the terms and conditions of employment, the employee is not required to give notice. For example, if an employer fails to pay an employee's wages, the employee can quit without notice.
If you have any questions, please contact Labour Standards.