Do You Have To Give Two Weeks’ Notice?
Publié le 25 November 2022
When leaving your job role do you have to give two weeks’ notice in Canada? That answer depends on where in the country you are employed.
Thinking about leaving your job? You are not the only one. Recent studies show that many people have either left their jobs or are actively considering it. Dubbed “The Great Resignation” in HR circles, there are numerous reasons and causes which can lead people to seek out new employment opportunities. These can include serious reasons such as employee burnout and not having their needs meant by management. Alternatively, others have simply chosen to take their career in a new direction that better suits their professional goals and balances with their personal life.
When it is time to leave your job there are specific steps that need to be taken. There is a formal process to resign your employment. These include writing an official letter of resignation, free of common resignation letter mistakes, and informing management that you will be leaving. This is called giving your notice. It is standard practice to provide employees with two weeks’ notice when leaving your job. But is this an actual legal requirement or is it simply a professional courtesy?
Do You Have To Give Two Weeks’ Notice When Leaving Your Job?
Contrary to popular belief, there is no universal legal requirement to give two weeks’ notice when resigning from your job in Canada. The answer is a bit complicated because some provinces and territories in Canada do have provincial laws requiring employees to provide specific periods of notice when resigning from their job. In provinces where there is no specific requirement, there is still a legal requirement and precedent to provide “reasonable notice” when leaving your job.
What Is “Reasonable Notice” When Leaving Your Job?
What does and does not constitute “reasonable notice” is a matter of precedent in both your jurisdiction, and can also depend on your job title, the nature of the role and the industry where you are employed.
“An employee is obligated by law to give reasonable notice of termination to his or her employer, even absent a written contract of employment. If the resignation is voluntary, the notice to which the employer is entitled becomes a matter of law, not merely a matter of conscience or responsibility on the part of the employee. The main purpose of the notice of resignation is to allow the employer a reasonable time to find a replacement.” – Justice Sandra Chapnik, Sure-Grip Fasteners Ltd. v. Allgrade Bolt & Chain Inc., [1993] 45 C.C.E.L. 276 (Ont. Gen. Div.) at pages 281-282
In Ontario, for example, there have been instances of employers taking employees to court for failing to give reasonable notice even when they informed their employers two or more weeks beforehand. This is due to the specialized nature of their job role, which the employer must be able to demonstrate made it difficult to find an adequate replacement. Fortunately for workers, these cases are not widespread because the legal onus remains on the employers to prove that the alleged lack of notice caused demonstrable financial harm to the company.
What About Employment Contracts?
Many employment contracts include a requirement for two weeks’ notice when leaving a job. Failing to provide two weeks’ notice in this case would be a violation of the employment contract and open the departing employee up to additional penalties and possible legal ramifications should the employer choose to pursue it. It is also possible for employers and employees to discuss the situation together, and mutually agree to waive this section of the employment contract and make it official through a contract maker.
Should You Give Two Weeks’ Notice?
While not a legal requirement in every part of Canada, providing two weeks’ notice – or at least some period of notice – when leaving a job could prevent some headaches for everyone involved. Employers have time to find a new hire or start the process, and employees fulfill their contracts and positively contribute to their professional reputation.
Do You Have Two Give Two Weeks’ Notice?: What Each Province Requires
British Columbia: No. There is no legal requirement of two weeks’ notice when resigning from a job in British Columbia.
Alberta: Yes, there are legal requirements for giving notice when leaving your job in Alberta.
- Fewer than 90 days: no notice required
- Over 90 days, but under 2 years: 1 weeks’ notice
- 2 or more years: 2 weeks’ notice
Saskatchewan: Yes. Employees who have been working for over 13 weeks must give their employers two weeks’ notice when leaving their job.
Manitoba: Yes, Manitoba has legal requirements specifying the period of notice when leaving your job.
- Fewer than 30 days: no notice required
- Over 30 days, but under 1 year: 1 weeks’ notice
- 1 or more years: 2 weeks’ notice
Ontario: No. The only time an employee is required to provide a specific period of notice to their employers is when the employee has already received a notice of termination as part of a mass layoff. In the event that the employee wishes to leave before the termination date provided by the employer, the employee must provide two weeks’ notice.
Quebec: No, employees only have to provide reasonable notice when leaving their jobs.
New Brunswick: No, there is no legal requirement to provide two weeks’ notice in New Brunswick when leaving their job.
Nova Scotia: Yes, you are required to provide notice in Nova Scotia to your employers when leaving your job.
- Fewer than 90 days: no notice required
- Over 90 days, but under 2 years: 1 weeks’ notice
- 2 or more years: 2 weeks’ notice
P.E.I.: Yes, you are required to provide your employer with notice in Prince Edward Island when you decide to resign from your job.
- Over 6 months, but under 5 years: 1 weeks’ notice
- 5 or more years: 2 weeks’ notice
Newfoundland and Labrador: Yes, is it a legal requirement in Newfoundland and Labrador to provide notice when leaving your job.
- Three months – two years: One weeks’ notice
- Two years – five years: Two weeks’ notice
- Five years – ten years: Three weeks’ notice
- Ten years – fifteen years: Four weeks’ notice
- Fifteen years or more: Six weeks’ notice
The Yukon: Yes, there is a legal requirement in the Yukon to provide notice when leaving your job.
- Fewer than 6 months: no notice required
- Over 6 months, but under 2 years: 1 weeks’ notice
- Over 2 years, but under 4 years: 2 weeks’ notice
- Over 4 years, but under 6 years: 3 weeks’ notice
- Over 6 years: 4 weeks’ notice
Northwest Territories: No. There is no legal requirement to provide notice when leaving your job role in the Northwest Territories.
Nunavut: No. There is no legal requirement to provide notice when resigning from your job in Nunavut.
