Need to leave my job - how much notice do I have to give?

[pryda]

Hi there,

I moved to Montreal in March, and I'm currently half way through a three-month internship contract with a marketing agency.

I've just been offered full-time work with a different company, and today signed the employment contract ahead of giving notice to my current employer. There's nothing stated in my current contract about having to give a notice period, but in an informal discussion with my boss some time ago she advised me to give "one week's notice" if I find a job and need to leave.

I factored this in and am due to start work at the new company on October 15, which is 12 days from now.

However, when I told my boss today that I'm leaving, she told me there's a "national policy" whereby I have to give a minimum of two weeks notice. They're really trying to hold me to this, and it's just frustrating because it means I would have to go back to the new employer and tell them I got it wrong and will have to sign a new contract to start the following week instead, which makes me look sloppy.

My question is, are they legally able to hold me to this two weeks - bearing in mind my contract is only three months in length? From a bit of research on Google, I found that the two-week minimum only applies when your contract length is at least one year. There's also nothing in the terms of my contract that specifies a notice period at all.

Any help would be greatly appreciated - thanks!!

 

[Leon]

Hi there,

I moved to Montreal in March, and I'm currently half way through a three-month internship contract with a marketing agency.

I've just been offered full-time work with a different company, and today signed the employment contract ahead of giving notice to my current employer. There's nothing stated in my current contract about having to give a notice period, but in an informal discussion with my boss some time ago she advised me to give "one week's notice" if I find a job and need to leave.

I factored this in and am due to start work at the new company on October 15, which is 12 days from now.

However, when I told my boss today that I'm leaving, she told me there's a "national policy" whereby I have to give a minimum of two weeks notice. They're really trying to hold me to this, and it's just frustrating because it means I would have to go back to the new employer and tell them I got it wrong and will have to sign a new contract to start the following week instead, which makes me look sloppy.

My question is, are they legally able to hold me to this two weeks - bearing in mind my contract is only three months in length? From a bit of research on Google, I found that the two-week minimum only applies when your contract length is at least one year. There's also nothing in the terms of my contract that specifies a notice period at all.

Any help would be greatly appreciated - thanks!!

If you look at http://www.cnt.gouv.qc.ca/en/end-of-employment/notice-of-termination-of-employment/ it looks like because you are there less than 3 months, the employer could kick you out without any notice in Quebec but it says that the notice period an employee has to give when quitting is not set in law but should be "reasonable". I would say a week is fine.

In Canada, the first 3 months is generally considered a probation period and can be terminated by both sides without any notice or any reason.