Further, employeeswill be entitled to holiday pay even when the holiday falls on aday they are not normally scheduled to work. Calculating holidaypay will be slightly changed and treatment of outstanding holidayentitlements on termination will be addressed Breaks of employment of less than 90 days will be deemed to be aperiod of continuous employment for the purpose of calculatingminimum vacation entitlements. Employees will also be able to takevacation in half day periods. The probationary period is changed from 3 months to 90 days.Breaks of employment of less than 90 days will be deemed to be aperiod of continuous employment for the purpose of calculatinglength of service for the purpose of termination pay or notice. Ifan employee's wages vary from one pay period to another,termination pay will be calculated by averaging the employee'swages during the previous 13 weeks instead of the previous 3months. Employers will be better positioned to pay out employees uponemployees providing notice of their intention to resign. Employerswill be able to pay out an employee tendering their resignation byproviding the employee with wages the employee would have earned ifthe employee had worked until the earlier of the end ofthe termination notice period the employee provided or the end ofthe termination notice period that the employer would have beenrequired to give the employee. Currently, where an employeeprovides more notice than required and an employer wants to pay outthe employee, the employer must provide pay in lieu to the end ofthe termination notice period that the employer would have beenrequired to give the employee. The proposed amendments to the group termination provisions aresignificant are far more onerous on employers. Employer will needto provide at least 8-16 weeks' notice to the Minister of agroup termination, depending on the number of employees beingterminated at a single location. Also, employers will need toprovide the notice to either the bargaining agent or the employees,as applicable.
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