canada labor-law british-columbia
How exactly to calculate severance pay?
<p>I have several questions regarding severance pay. Is it better to ask them separately or in one question?</p>
<p>I had worked for an employer for 8 months and was terminated without cause. The schedule changed each week and hours ranged from 30-40 per week. Further, the clock in and out system did no rounding and we were instructed to leave early if possible. So for example if I was scheduled to work until 5:00PM it would be normal to clock out at 4:51PM and not get paid for the 9 minutes.</p>
<p>From <a href="https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-8-section-63" rel="nofollow noreferrer">the legislation</a>:</p>
<blockquote>
<p>(4) The amount the employer is liable to pay becomes payable on
termination of the employment and is calculated by</p>
<p>(a) totalling all the employee's weekly wages, at the regular wage,
during the last 8 weeks in which the employee worked normal or average
hours of work,</p>
<p>(b) dividing the total by 8, and</p>
<p>(c) multiplying the result by the number of weeks' wages the employer
is liable to pay.</p>
</blockquote>
<p>So do I add up the actual hours worked over 8 weeks or just the time I was paid for?</p>
<p>Are gratuities included in the severance pay?</p>
<p>Where does the 8 weeks start from, is it the last day of work or when notice was given for termination? Does it make a difference what the start of the work week is, for example if I got terminated just before work on the first day of the work week could that count as 0 hours in that week?</p>

<blockquote>
<p>So do I add up the actual hours worked over 8 weeks or just the time I was paid for?</p>
</blockquote>
<p>You add up the wages received during the last 8 weeks, not necessarily consecutive, during which you have worked a normal or average hours for you. If you were ill, or on maternity leave, those weeks don't count. An example is included later in your link, under <strong>“Normal” or “average” weekly hours</strong>.</p>
<blockquote>
<p>Are gratuities included in the severance pay?</p>
</blockquote>
<p>Gratuities are not wages and are not included in the calculation.</p>
<blockquote>
<p>Where does the 8 weeks start from, is it the last day of work or when notice was given for termination?</p>
</blockquote>
<p>The last day of work. Notice can be given instead or in combination of severance pay.</p>
<blockquote>
<p>Does it make a difference what the start of the work week is, for example if I got terminated just before work on the first day of the work week could that count as 0 hours in that week?</p>
</blockquote>
<p>0 hours are not a normal or average hours of work for you (or anyone), so it does not matter.</p>
<p>Your contract with your employer can use a different calculation method or give you severance pay when not required by law, but it cannot be less than what you are entitled to under the employment standards.</p>
