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Labour Standards

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An Act respecting labour standards(R.S.Q., chapter N-1.1)

NOTICE OF TERMINATION OF EMPLOYMENT OR LAYOFF, AND WORK CERTIFICATE

Written notice.

82. The employer must give written notice to an employee before terminating his contract of employment or laying him off for six months or more.

Length of notice.

The notice shall be of one week if the employee is credited with less than one year of uninterrupted service, two weeks if he is credited with one year to five years of uninterrupted service, four weeks if he is credited with five years to ten years of uninterrupted service and eight weeks if he is credited with ten years or more of uninterrupted service.

Notice during layoff.

A notice of termination of employment given to an employee during the period when he is laid off is absolutely null, except in the case of employment that usually lasts for not more than six months each year due to the influence of the seasons.

Restriction.

This section does not deprive an employee of a right granted to him under another Act.

1979, c. 45, s. 82; 1980, c. 5, s. 7; 1990, c. 73, s. 36; 1999, c. 40, s. 196.

Exceptions.

82.1. Section 82 does not apply to an employee

1) who has less than three months of uninterrupted service;

2) whose contract for a fixed term or for a specific undertaking expires;

3) who has committed a serious fault;

4) for whom the end of the contract of employment or the layoff is a result of superior force.

1990, c. 73, s.

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