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Recently we have heard many bad news about the laid off in the job market . It is quite common that a person loses the job due to the recession in the North America , anyway,
if it unfortunately happens to you , you should know the rights you have under this circumstance . I would like to talk about the rights that an employee is entitled to upon the
termination of the employment .Please pay attention that what i will say is only valid in Ontario, because different provincial legislation have separate acts dealing with the employment
1. Under the Ontarion employment standards act, if an employee has been worked for more than 3 months , he is entilted to the notice of termination from 1 week to 8 weeks depending
on the length of the service. For example , one year work for one week notice , two years for two weeks, and the maximum is 8 weeks.
2. if the employer can pay in lieu of the notice. that means that the employer needs not to give you notice , just give you the wages which you could have earned if the notice is given.
3. if a employee has been working for more than 5 years for the same company , he may be entilted to the serevance pay if the company's payroll per year is more than 25 million dollars
in Ont or if the group termination is above 50 employees. if the employer reserves the right to recalll the employees, the employee who agrees to this arrangement , will not get the sevevance pay.
Please note that notice pay is not the sevevance pay. they have different meanings.
4. the employment standard act only provides the minimum standard , it does not affect that any employee has the right to seek greater remedy in the common law. for example, if you
work for the company for over 10 years , and the company only gives you 8 weeks notice , and you may think that it is unfair to you and you
could go to the court asking for more. So here, big companies usually avoid this kind of troubles by giving its employees the remedy more than the act regulates. And different companies have
different policies. But the minimum standards should be complied with.
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