In Quebec, it is often said that an employee must give two weeks’ notice before leaving their job. This rule is widespread, but it is not found in the law. In fact, the Civil Code of Quebec does not impose any fixed two-week delay. However, it does set out a general obligation applicable to any termination of employment in an indefinite-term contract.

What the Civil Code actually says

Section 2091 C.C.Q. provides that either party may terminate the employment contract. They must then give the other party reasonable notice :

“The notice of termination must be reasonable and must take into account, in particular, the nature of the employment, the special circumstances in which it is carried on and the duration of the work performed.”

Thus, the notice period is not automatically fixed at 2 weeks: it must be adapted to the circumstances.

The legal criteria to consider

According to section 2091 C.C.Q., three elements must be evaluated :

• The nature of the employment;
• The special circumstances in which the work is performed;
• The duration of the work performed.

Additional criteria from case law

• The circumstances of hiring;
• The difficulty the employee may have in finding comparable employment;
• The employee’s age (e.g., a worker aged 50 or older may require a longer notice period because of a less favourable job market);

An obligation that applies to both parties

Notice of termination is a synallagmatic obligation. This means that :

• The employee must give reasonable notice to the employer;
• The employer must give reasonable notice to the employee,

• The employee must give reasonable notice to the employer;
• The employer must give reasonable notice to the employee,

So, am I legally required to give two weeks’ notice?

No, it is not a legal obligation.

However, in Quebec practice, two weeks’ notice remains a common standard, especially for recent or less specialized jobs.

For example :

• An employee who has held a team leader position for over 20 years will likely be expected to provide a longer notice period.
• A recently hired employee may provide a shorter notice period while still meeting their legal obligation.

An important point : contract clauses

Section 2092 C.C.Q. provides that the employee cannot waive in advance their right to an indemnity when the notice given is insufficient.

This calls into question the validity of clauses that set a rigid notice period. In other words, an employee cannot be bound by a “minimal” notice requirement that would prevent them from receiving an indemnity when the notice is unreasonable in the circumstances.

Conclusion

You are not legally required to give a strict two-week notice when leaving your job. However, you must give reasonable notice, assessed based on multiple legal and jurisprudential criteria.

The ideal notice period therefore depends on your seniority, your position, the circumstances surrounding the employment, and the impact of your departure on the employer.

If you believe you may be facing an encroachment situation, it is wise to consult a legal professional. An analysis will help assess your rights and remedies. Furthermore, if your case also involves issues related to employment law, our firm can guide you through the appropriate steps. To discuss your situation, contact our team.