Notice of termination

The notice period for terminating an employee is as follows:

• Less than 1 year of employment = 1 week notice

• At least 1 year and less than 3 years of employment = 2 weeks’ notice

• At least 3 years and less than 5 years of employment = 4 weeks’ notice

• At least 5 years and less than 10 years of employment = 6 weeks’ notice

• More than 10 years of employment = 8 weeks notice

Notice not required

In certain situations, the above notice is not required, these circumstances include:

• If the employee has been employed for less than the probationary period specified in a collective agreement that applies to the employee. If there is no such agreement, the period is 30 days.

• If the employment is for a fixed term and ends at the end of the term.

• If the employee is employed for a specific task, and the employment ends on the completion of that task, provided that the period does not exceed 12 months.

• If the employee is employed in construction.

• If the employee has an arrangement where they may choose to work or not to work for a temporary period when requested to work by the employer.

• If the employee is under an agreement or contract of employment that is impossible to perform or has been frustrated by a fortuitous or unforeseeable circumstance.

• If the employee is on strike or has been locked out, and the termination meets the requirements prescribed by regulation.

• If the employment is terminated for just cause.

• If the employee has given written notice of their intent to retire or quit on a specific date, and the employment is terminated on that date.

• If the employer's business or the part of the business in which the employee is employed is sold or transferred, and the employee is immediately re-employed in the same business on terms and conditions that, as a whole, are equivalent to or better for the employee than those that applied to the employee before the sale or transfer.

• If any other circumstances are prescribed by regulation.

Pay in lieu of notice

An employer may provide an employer with pay for the amount of time that the employee would have been entitled to notice instead of providing notice to the employee who is being terminated.

Termination by employee

An employee who is ending their employment to give their employer notice of the termination.

• If the employee has worked for the employer for less than a year, they must give at least one week's notice.

• If they have worked for a year or more, they must give at least two weeks' notice.

There are certain situations where the employee does not need to provide notice of termination, such as:

• when the employee is in a probationary period,

• the employment is for a fixed term, or

• the employee is on strike or has been locked out,

• the employer acts improperly or violently towards the employee or

• in any other circumstances prescribed by regulation.

Manitoba Employment Standards Code s.61,62