Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Termination of Employment


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.


Text of Legislation

"termination of employment" includes a layoff other than a temporary layoff;


Policy Interpretation

Termination of employment” means the end of employment and includes the following under the Act:

  • An employee quits, retires or is dismissed. [See s.63(3)(c)];
  • Employment is terminated by an operation of law [See s.64(6)];
  • An employee whose employment contract provides for a temporary layoff has been laid off for longer than is allowed by the Act [See s. 1(1) definition of “temporary layoff” and s.63(5)];
  • The director considers a condition of employment to be substantially altered. (See s.66).

Section 63 of the Act outlines the compensation for an individual employee’s termination. Section 64 of the Act sets out group termination in the case of 50 or more employees being terminated at a single location.


Related Information

Related sections of the Act or Regulation

ESA

Other

See Employment Standards Factsheets

Factsheets

Termination of Employment

Variances

Bankruptcy