Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS
ESA Section 1 – Definitions – Termination of Employment
This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.
"termination of employment" includes a layoff other than a temporary layoff;
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 sections of the Act or Regulation
- s.1, Definition “temporary layoff”
- s.1, Definition “termination pay”
- s.3, Scope of the Act
- s.54, Duties of employer
- ss. 62 to 71, Termination of employment
- s.74, Complaint and time limit
- s.83, Employee not to be mistreated because of complaint or investigation