Q & A:
Scenario: I am a contract office administrator through a direct hire of my company, and have been working for this same company for almost two years through renewals each year. Due to the company restructuring, I got terminated before the expiry date of employment term. Will I receive any termination entitlement in my case?
As a temporary employee, you are legally entitled to statutory benefits and protections, including hours of work, overtime premium pay, vacation time and pay, public holidays, pregnancy and parental leave. The temporary work can be either full-time or part-time. The statutory entitlements can be received by a temporary employee with the amount varying which depends on the situation and numbers of hours that an employee contributes to his or her job position.
As a temporary/ contract employee through a direct hire of your company, you are still entitled to statutory benefits and protections, except termination and severance entitlements, because your employment relationship normally ends with the company with your contract term, i.e. 1-yr, 6-mth or less, expires. Due to the fact that a contract employee is aware of the nature of this short-term and temporary employment, he or she is normally not entitled to termination notice or pay in lieu of notice. In fact, each year work term renewal is considered as a new work term. At this point, there is no legislation in the Employment Standards Act which enforces an employer to turn a long-term temporary employee into a permanent employee.
Meanwhile, there can be a different scenario if the temporary employees are hired through agencies. In that case, the agency is the employer of that worker, and that worker is the assignment employee of the agency. The fact that a job assignment ends does not itself necessarily mean that the employment relationship ends with the agency, unless the agency terminates his or her employment on that date when a job assignment ends. According to the Employment Standards Act, a temporary worker, who is hired through a temporary employment agency and his or her term is greater than 12 months, is covered by termination and severance entitlements.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
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