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Severance Pay in British Columbia When a non-unionized employee is let go or permanently laid off, their employer must provide either reasonable notice, pay in lieu of notice (referred to as severance pay), or a combination of both.
Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination.
A payment in lieu of notice should include all the remuneration and benefits to which the employee would have been entitled under their contract during the notice period. This includes any contractual benefits such as health insurance, a car allowance or contractual bonuses.
If the employee agrees, the employer must give them full pay for their notice period. The employer might agree to provide other contractual benefits. The employer cannot force an employee to agree to payment in lieu of notice if it's not in their contract.
If you get a payment in lieu of notice it means that your employer pays your salary, and perhaps also benefits, for your notice period, but you do not have to work during that time. It's also known as PILON for short and sometimes called wages in lieu of notice.
When an employee is paid money that he or she would have earned through working during the contracted period because he or she is being terminated without notice, it is called wages in lieu of notice. A contractual period for notice may be included as a term in an implied or express contract.
It is the actual date of termination that matters, not the date that termination would have occurred if notice had been given, and the employer should calculate payment under reg. 14 accordingly.
Most employers are not required to provide severance pay to employees who are terminated or laid off. (A few states require employers who close a plant or lay off a large number of workers to provide salary or benefits continuation for a limited time, but most do not.)
No. 1739 states that severance pay (in contrast to termination pay or pay in lieu of notice) is an earned benefit that compensates long-serving employees for their past services and for their investment in the employer's business.