工作休产假但是临上班是受到公司通知被辞退,这种情况该怎么办？

kakaka · Oct 17th, 2009, 20:51

引用:

作者: 甲乙丙丁

安省是这么规定的：

安省是这么规定的：

Written Notice of Termination

When an employee is terminated, the written notice required under the ESA is generally determined by how long someone has been employed by an employer.

Notice of termination of employment, once given, cannot be withdrawn without the consent of the employee.

The following chart specifies the periods of statutory notice required.
Length of Employment Notice Required
Less than 3 months None
3 months but less than 1 year 1 week
1 year but less than 3 years 2 weeks
3 years but less than 4 years 3 weeks
4 years but less than 5 years 4 weeks
5 years but less than 6 years 5 weeks
6 years but less than 7 years 6 weeks
7 years but less than 8 years 7 weeks
8 years or more 8 weeks...

这个说的是对的，安省的其实跟BC的是一样的。
如果雇主没有给NOTICE，则根据服务时间来给termination pay。工作四年则只有四周的PAY，最长是8周。LZ的公司估计也是考虑到LZ生小孩所以多给了很多。

下面是安省的劳工法：
Employer notice period

57. The notice of termination under section 54 shall be given,

(a) at least one week before the termination, if the employee’s period of employment is less than one year;

(b) at least two weeks before the termination, if the employee’s period of employment is one year or more and fewer than three years;

(c) at least three weeks before the termination, if the employee’s period of employment is three years or more and fewer than four years;

(d) at least four weeks before the termination, if the employee’s period of employment is four years or more and fewer than five years;

(e) at least five weeks before the termination, if the employee’s period of employment is five years or more and fewer than six years;

(f) at least six weeks before the termination, if the employee’s period of employment is six years or more and fewer than seven years;

(g) at least seven weeks before the termination, if the employee’s period of employment is seven years or more and fewer than eight years; or

(h) at least eight weeks before the termination, if the employee’s period of employment is eight years or more. 2000, c. 41, s. 57.

Pay instead of notice

61. (1) An employer may terminate the employment of an employee without notice or with less notice than is required under section 57 or 58 if the employer,

(a) pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and

(b) continues to make whatever benefit plan contributions would be required to be made in order to maintain the benefits to which the employee would have been entitled had he or she continued to be employed during the period of notice that he or she would otherwise have been entitled to receive. 2000, c. 41, s. 61 (1); 2001, c. 9, Sched. I, s. 1 (14).