It is an employee’s fundamental right to be terminate their employment contract whenever they feel like they are not being treated well or when they simply want to. The same goes for all employers. The moment they feel that the employee is no longer capable of providing them services they need for their business, they can terminate the employment contract. However, both these rights come with a huge responsibility.
The primary responsibility of either the employee or the employer is to provide the concerned party with a notice of the intention to terminate the contract. The length of the notice usually depends on the duration of the employment. However, the law also recommends that a 60-day notice of termination be followed.
Is a termination notice always necessary?
In the Employment Standards Code of Edmonton, a notice of termination is not always necessary. An employer is not required to submit any notice when the termination is based on just causes. Likewise, an employee is not required to present a notice of termination if the employee’s personal health condition and safety are at risk if they continue work. These are the grounds wherein an employer, and an employee may not need to submit a notice of termination.
Are there special cases in the termination of employment?
Although there are general rules that apply to the termination of employment, there are several special cases wherein the automatic termination involves:
• First, when the business establishment has been sold to its new owners. The contract may be terminated immediately; however, the new owners may also opt to absorb experienced employees of the company to continue providing complete customer service.
• Second, when breaks of not less than three months are taken within the last year of employment. This may be grounds for termination of employment contract.
• Lastly, termination of employment without notice may also apply to those employers who need to give in to temporary layoff situation. The financial status of their business allows them to terminate the contract of employment.
Under the Edmonton Employment Code, a complaint may be filed when either the employer or the employees see that there is a breach of the employment contract. When you know your rights as an employer or as an employee, you can protect yourself on the grounds of law.