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2 employment questions (Cdn notice periods & LMIA advertising)

2 employment questions (Cdn notice periods & LMIA advertising)

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Old Jan 17th 2018, 3:02 pm
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Default 2 employment questions (Cdn notice periods & LMIA advertising)

Ello y'all

I've got two new questions for you! (I've had a look around and can't quite find the answers I'm looking for)

1) What do Canadian notice periods tend to be?
I'm looked at a number of senior communications roles and they seem to need people basically tomorrow. Which seems a bit strange if the Canadians who apply already have jobs.
I know that it all differs from employer to employer, but at the level I've been working in the UK, 2 months notice period is not unusual, and up to three.
Is it similar in Canada, or can you exit roles much faster as a general rule?

2) Is the minimum advertising requirement from an employer still 4 weeks and on 2 platforms for LMIA tick-box-goodness? Are owner/operator businesses still exempt from this, or has that changed? (And what defines an owner/operator business - i.e. how big does the firm have to be before it's no longer owner/operator?)

I could be asking Auntie Google the wrong questions but I haven't tracked down the answers I've been looking for as yet!

Thank you, wonderful people of the exPat hive-mind
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Old Jan 17th 2018, 3:17 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Cornfedapache
Ello y'all

I've got two new questions for you! (I've had a look around and can't quite find the answers I'm looking for)

1) What do Canadian notice periods tend to be?
I'm looked at a number of senior communications roles and they seem to need people basically tomorrow. Which seems a bit strange if the Canadians who apply already have jobs.
I know that it all differs from employer to employer, but at the level I've been working in the UK, 2 months notice period is not unusual, and up to three.
Is it similar in Canada, or can you exit roles much faster as a general rule?

2) Is the minimum advertising requirement from an employer still 4 weeks and on 2 platforms for LMIA tick-box-goodness? Are owner/operator businesses still exempt from this, or has that changed? (And what defines an owner/operator business - i.e. how big does the firm have to be before it's no longer owner/operator?)

I could be asking Auntie Google the wrong questions but I haven't tracked down the answers I've been looking for as yet!

Thank you, wonderful people of the exPat hive-mind
Employees can just not show up anymore, no notice period is required under ESA. However, I doubt it would help ones references. The ESA favours the employees in this regard.
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Old Jan 17th 2018, 4:16 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Cornfedapache


2) Is the minimum advertising requirement from an employer still 4 weeks and on 2 platforms for LMIA tick-box-goodness?
Two platforms plus the job bank, for a minimum of four weeks, at least one recruitment method of which must be ongoing until an LMIA decision is made.
https://www.canada.ca/en/employment-...uirements.html
https://www.canada.ca/en/employment-...ents.html#h2.6

(same requirement for both high & low wage positions)

Owner-operator issues outlined at https://www.canada.ca/en/employment-...ariations.html
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Old Jan 17th 2018, 5:00 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

There was a thread on notice periods recently (or one where they were discussed.) In summary, notice period in Canada is typically 2 weeks vs 2-6 months in UK.
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Old Jan 17th 2018, 5:43 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Thanks everyone - that's super helpful!
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Old Jan 17th 2018, 8:37 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Atlantic Xpat
There was a thread on notice periods recently (or one where they were discussed.) In summary, notice period in Canada is typically 2 weeks vs 2-6 months in UK.
However in the UK it can be a contractual obligation, allowed under employment law, in Canada it cannot. Two weeks is a considerate notice period, however there are those that just say 'oh by the way, I have another job and won't be in tomorrow'. I prefer the UK system.
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Old Jan 17th 2018, 8:44 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Aviator
'I prefer the UK system.
What? Where someone is contractually obliged to show up for 2-3 months and do bugger all? IMO if an employee has handed in notice then it's time to wave goodbye, not force them to stay 3 months more somewhere they're no longer interested in being.
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Old Jan 17th 2018, 9:23 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Dorothy
What? Where someone is contractually obliged to show up for 2-3 months and do bugger all? IMO if an employee has handed in notice then it's time to wave goodbye, not force them to stay 3 months more somewhere they're no longer interested in being.
I didn't do bugger all - I kept doing my job until the last day. If HR had gotten their act together sooner, that would have included training my replacement (instead, it involved a lot of reminding HR that I'd given 2 weeks longer notice than the months required in order to avoid that, & could they please place the ad already).

I wouldn't want to hire someone whose attitude was 'sorry boss, found something better, not coming in'.
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Old Jan 17th 2018, 11:50 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Aviator
However in the UK it can be a contractual obligation, allowed under employment law, in Canada it cannot. Two weeks is a considerate notice period, however there are those that just say 'oh by the way, I have another job and won't be in tomorrow'. I prefer the UK system.
Quite. I haven't had it quite that bad but I did have a team member who had arranged to start his new job a week after he'd handed in his 2 week notice. When I expressed concern, HR told me it was essentially impossible to enforce & to move on. Of course, in a smaller business community, one should always be mindful that your sins will possibly find you out.

Originally Posted by Dorothy
What? Where someone is contractually obliged to show up for 2-3 months and do bugger all? IMO if an employee has handed in notice then it's time to wave goodbye, not force them to stay 3 months more somewhere they're no longer interested in being.
That's true but the flipside of the UK approach is of course that if the employer decides to make you redundant, you get 3-6 months notice, or pay in lieu of notice. So a but of security then. Not the case in Canada.
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Old Jan 17th 2018, 11:52 pm
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Under ESA no notice is due.

However the general rule is no notice if still in the first three months, one week for up to a year and 2 weeks thereafter. Still not much time to find a replacement.

That being said the employer can give those notices too. A colleague of mine who had been working for our boss for 18 months literally got two weeks notice she was no longer required. No package...just two weeks notice.
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Old Jan 18th 2018, 12:26 am
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by DandNHill
Under ESA no notice is due.

However the general rule is no notice if still in the first three months, one week for up to a year and 2 weeks thereafter. Still not much time to find a replacement.

That being said the employer can give those notices too. A colleague of mine who had been working for our boss for 18 months literally got two weeks notice she was no longer required. No package...just two weeks notice.
If she needs an employment lawyer let me know. In Ontario you never take the first offer.

In Canada I've always given a week out of courtesy.

In the UK I thought a month was standard unless you were management or within the probation period.
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Old Jan 18th 2018, 12:57 am
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by DandNHill
Under ESA no notice is due.

However the general rule is no notice if still in the first three months, one week for up to a year and 2 weeks thereafter. Still not much time to find a replacement.

That being said the employer can give those notices too. A colleague of mine who had been working for our boss for 18 months literally got two weeks notice she was no longer required. No package...just two weeks notice.
The notice periods you quoted, is the requirement for the employer, not the employee. ESA lays out minimum legal standards for employers, none for the employee. I don't know of any 'general rules' for employees, the better ones will give adequate notice according to the job level, some won't.

After one year service the ESA, employment between 12 months to 3 years is 2 weeks notice required.
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Old Jan 18th 2018, 1:01 am
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by JamesM
If she needs an employment lawyer let me know. In Ontario you never take the first offer.

In Canada I've always given a week out of courtesy.

In the UK I thought a month was standard unless you were management or within the probation period.
There’s a big difference between courtesy and the law.

I did payroll for that company so I called the employment standards people and they told me he was well within his right to simply give her two weeks notice...

I left just a few weeks ago. I gave him a week. If employers treat staff with little respect in turn employees do the same.
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Old Jan 18th 2018, 1:03 am
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

Originally Posted by Aviator
The notice periods you quoted, is the requirement for the employer, not the employee. ESA lays out minimum legal standards for employers, none for the employee. I don't know of any 'general rules' for employees, the better ones will give adequate notice according to the job level, some won't.

After one year service the ESA, employment between 12 months to 3 years is 2 weeks notice required.
General rule as in what people tend to do. As you say there is no minimum for employees.
This particular employer gave her the bare minimum. Doesn’t encourage much loyalty unfortunately.
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Old Jan 18th 2018, 7:34 am
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Default Re: 2 employment questions (Cdn notice periods & LMIA advertising)

I think a happy medium between Canadian and UK notice periods would be good, instant or a week's notice is ludicrous, but my husband's notice period is 6 months, which is equally ludicrous. A nice couple of months would be ideal from all sides I think!
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