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this post was submitted on 14 Jan 2024
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Labor laws vary by province and I don't know of any labor law that makes it an obligation to pay over a year of salary after a year of employment, the most probable reason you got that is the employment directives/your employment contract you had with your previous employer.
It's the law in almost every Canadian province for collective layoffs. 50-100 people is like 8 weeks, then 100-200 is 12 weeks and 200 plus is 16 weeks, or something. It's on all the provinces labor law websites. My teammates in BC and Alberta got the same type of protections from what we discussed.
They had to pay out my stocks that would have vested if I kept my notice. Then because it was a mass layoff of more than a few hundred people they had to give me 16 weeks notice, plus my schedule and accrued vacation up until then and up until the notice period ends (in 16 weeks). Meaning the have to keep me on payroll with full benefits.
To sever that and entice me to hop off payroll and benefits, they gave me an addition 3 months pay. That gives me roughly my yearly salary.
Here is the law in Quebec
It equates to over a year in salary.50-100 people is like 8 weeks, then 100-200 is 12 weeks and 200 plus is 16 weeks, or somethingYeah so there's a difference between the two, right? Because in one case you're including extra that your employer paid that not everyone is entitled to and in the other it's what the law gives you right to if the notification period isn't respected.
And again, labor laws are provincial in the vast majority of cases, only a couple of industries use federal laws. In any case, only one set of laws apply to you, federal laws can be less than what you're entitled to if you were working in a job under provincial laws in your province of work.
Why are you so hellbent on trying to convince me this wasn't expensive for my company, or that somehow I'm the only who got this?
We're in the tech business, we all get stocks. When they have to give you notice of 16 weeks, you still work there for 16 weeks, so you keep vesting stocks and getting benefits. Then they offer everyone to terminate them now (not in 16 weeks) and give a bonus to make it go away.
I don't see the difference, because of those notice weeks they had to pay me what "equates to a years worth of salary".
The same laws are in BC and Alberta, so my guess is this was federally mandated for all provinces to implement collective labor laws. At the end of the day we would all fall on federal employment insurance so it makes sense.
I really don't see your point, aside from trying to convince me I should have gotten the same as the US.
I got a huge severance package after only 1 year at my company. That's because of labor laws im Canada. It equates to over a year in salary.What you got that was related to labor laws is 16 weeks of pay, the rest was all from your employer and a worker in another business wouldn't necessarily be entitled to it.
https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-8-section-64
That's what I'm trying to make you understand and the fact that no, it's not Canadian laws that gave you that, it's BC provincial laws.
The federal equivalent applies to any layoff of 50 employees in a business under federal labor laws, there's only one type of mass layoff.
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html#h2.1-h3.4
First, I'm in quebec not BC. I was just saying BC also get that too, and Alberta as well. I was just let go last week and we all spent time with our lawyers comparing our rights.
In Quebec (at the link I sent you), everyone is entitled to get their accrued vacation paid. Everyone is entitled to remain employed during those 16 weeks, and keep their benefits (be those stocks or other).
For any company,, if the company does not want to set you termination date in 16 weeks and keep you on the books, they can offer you to give all that up, be terminated in 2 weeks for an extra lump sum. 16 weeks + something, or stay on the books and get 16 weeks + benefits
In my case it equated to a lot (a year), which is the point is was making, if it wasn't so cheap in the US they might not do it. It would still be a lot for any other full time employee in Canada, at least proportional to their salary. Even without stocks it would have been plenty.
Edit: I forgot, but they also get 1 week per year of service, which I forgot to mention because I didn't benefit from that much.
CNESST =/= Canadian law
As per your link the indemnity is based on if you had your 16 weeks notice or not.
Vacation pay isn't a layoff indemnity, it's separate and something you're entitled to no matter the reason why you stop working for your employer.
Also the Quebec law link was added as an edit which is why I thought you were in BC (since you mentioned it).
Thanks for proving my point for me anyway.
As for why I'm so hellbent on proving you wrong? Because I'm tired of people not understand the levels of government and their powers and I think there's a whole lot wrong with our country that can be attributed to it.
Well if youre tired of it, learn how to read lol. In once sentence I say this is likely federally mandates for provinces to have laws like that because all my buddies have similar stuff in other provinces, and in another sentence I give you a link to my laws in quebec.
Then you somehow say I think CNESST is Canada. You're just inventing stuff to frustrate yourself.
In quebec, that same CNESST law gives me the vacation because it's a collective layoff. I would not otherwise be entitled to it, as you can see by what is offered if it was just a personal layoff.
No, I said CNESST =/= Canada, there's a slash in-between. It's Quebec's provincial labor commission, their rules only apply for people who work in Quebec, just because your buddies got treated similarly in other provinces doesn't mean they're protected by the same labor code and an employer can also offer more than the code.
Yes you're entitled to being paid the vacations you accrued no matter the reason why you stop working. If you leave you "get your 4%", that's your vacations.
No, there's no federally mandated minimums, labor laws are province specific except for certain sectors like banks which are under federal jurisdiction.
Edit: https://www.hrinfodesk.com/preview.asp?article=22178
Well well well... Will you look at that, that's exactly what happened, it's 4 weeks in Alberta!
That literally what im saying. You just don't read too good.
I said "Im not saying CNESST and Canada are the same, as CNESST is provincial, youre confusing two sentences".
Then you reply to literally say I'm confusing those two things as one. Again not reading. Now you're just angry and it's hilarious. Go invent a fight somewhere else. I know the labor laws, for Canada and Quebec.
That's not what you started with, you mentioned you got your package because of Canadian law and I corrected you and you argued.
It sounds like the company has cash and they're trying to keep up morale. Over a year of severance for employees with less than a year of employment isn't required by Canadian law that I know of^(not that I'm super knowledgeable about labour law).