Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Termination Pay


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 pay" means, for each week of notice an employee is entitled to, the amount obtained by totaling the employee's weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work and dividing the total by 8;


Policy Interpretation

Termination pay refers to the group termination provisions under s.64 of the Act.

Overtime wages are not included in this calculation.

The group notice and /or termination pay requirements of s.64 are in addition to the employer's liability, if any, to the employee in respect of individual termination under s.63 of the Act, or under the collective agreement, as the case may be.

Under s.68 of the Act, group termination pay is payable whether or not the employee obtains other employment.


Related Information

Related sections of the Act or Regulation

ESA

Other

See Employment Standards Factsheets

Factsheets

Collective Agreements and the Employment Standards Act

Termination of Employment

Variances

Bankruptcy