An employer who does not give the notice prescribed by section 84.0.4 or who gives insufficient notice must pay to each dismissed employee an indemnity equal to the employee’s regular wages, excluding overtime, for a period equal to the time period or remainder of the time period within which the employer was required to give notice.
The indemnity must be paid at the time of the dismissal or at the end of a period of six months after a layoff of indeterminate length or a layoff expected to last less than six months but which exceeds that period.
An employer who is in one of the situations described in section 84.0.5 is, however, not required to pay an indemnity.
2002, c. 80, s. 49.
An employer who fails to give the notice of collective dismissal or who gives one of a duration that is less than that stipulated in section 84.0.4 ALS must pay the employee a compensatory indemnity equal to his usual wages, excluding overtime, for a period equal to that of the leave to which he was entitled. Under section 50 ALS, the reported or attributed tips must not be added to the calculation of the indemnity.
Moreover, in the cases referred to in section 84.0.5 ALS, namely those of superior force or when an unforeseen event prevents the employer from respecting the stipulated time periods of the notice of section 84.0.4 ALS, the employer will have to give the notice to the Minister as soon as he is able to do so, but will not be required to pay the related indemnity if the notice is insufficient.