Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS
ESA Section 1 – Definitions – Termination Pay
This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.
"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;
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 sections of the Act or Regulation
- s.3, Scope of the Act
- s.63, Liability resulting from length of service
- s.64, Group terminations
- s.65, Exceptions
- s.67, Rules about notice