Topic: Québec

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Workers and VRSPs – Obligations will soon be enforceable for certain employers

Through the Voluntary Retirement Savings Plans Act, the Québec government aimed at making sure all workers who did not participate in a RSP plan at their workplace had the opportunity to do so. The Act creates different obligations for the employers it covers depending on the number of eligible employees they have on their payroll. … Continue reading

Does the exercise of the religious right to wear a turban override the obligation to wear a safety hat?

On September 21, 2016, the Québec Superior Court issued a judgment (2016 QCCS 4521) concluding that truckers of the Sikh religion were not exempt from the obligation to wear a safety hat while completing certain work-related tasks out of their trucks on various Port of Montréal premises. The plaintiffs were truckers from different private transportation … Continue reading

How to Successfully Include a Restrictive Covenant in a Current Employment Contract

In order to best protect the employer’s commercial interests and competitiveness, it is often crucial to include restrictive covenants in employment contracts. It is of equal importance to ensure that these covenants respect the limits established in the case law for them to be enforceable by the courts. Indeed, they may be deemed null and … Continue reading

Quebec Labour Tribunal rules on decision to terminate a high paid employee

The Tribunal administratif du travail recently released Major c. Nova DM Média Canada inc., 2016 QCTAT 4423, which clarified an employer’s burden of proof to demonstrate that an employee was laid off as part of an administrative reorganization rather than dismissed not for good and sufficient cause. In this decision, administrative judge François Caron relied … Continue reading

A new model of discrimination?

Last December, the French government passed a bill decreeing that models must now obtain a medical certification in order to be able to work in France. Companies found not to be respecting the new law will be liable to a fine of more than 75,000 euros (approximately $CAN 108,000 at the current exchange rate) and their … Continue reading

The Duty to Accommodate Employees Suffering from Drug Addiction or Alcoholism in Quebec

Alcoholism and drug addiction have been recognized as diseases pursuant to the definition of a “handicap” established within the Quebec Charter of Human Rights and Freedoms.  Therefore, an employee suffering from limitations related to his or her addiction is afforded protection against discrimination guaranteed by the Quebec Charter in Article 10. What does it mean … Continue reading

Improper Comments on Social Networks: A Serious Cause Justifying Dismissal?

The employment contract of a “Montreal Impact Academy’s U14” team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable … Continue reading

Damages to the Reputation: A Serious Motive for Termination?

What constitutes a serious motive to terminate an employee under a fixed-term employment contract? Recent events in Quebec raise this question as the province’s former deputy premier Nathalie Normandeau was dismissed by her employer, a Quebec City radio station, even though her contract expired in August 2019. This occurred after the deposition of seven criminal … Continue reading

Uber and its drivers in Quebec: Who are they?

The saga opposing the multinational Uber to taxi drivers has been raging in the province of Quebec for nearly two years. We have witnessed a multiplication of public interventions coming from both camps in order to rally to their respective cause both the government and the majority of the population. Taxi drivers, represented by a … Continue reading

What Protection do Employees have Against Race Discrimination?

Discrimination in Quebec’s labour relations is mainly covered by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. Both protect an employee from being wronged by his employer based on race or ethnical differences. They offer employees a broad scope of protection namely with regards to hiring, dismissal, … Continue reading

Une entente de principe dans le secteur de l’automobile au Saguenay-Lac-St-Jean

Le lock-out sévissant depuis bientôt trois (3) ans dans le secteur de l’automobile au Saguenay-Lac-Saint-Jean, un des plus longs conflits de travail au Québec, est terminé! En effet, une entente de principe est intervenue le 14 janvier 2016 entre le Syndicat démocratique des employés de garage du Saguenay‑Lac‑Saint‑Jean (CSD) (le Syndicat), représentant dans le présent … Continue reading

What implications does a change in the ownership of a business have for employment?

In Quebec, many legal consequences must be considered when the alienation or concession of a business occurs, especially those that are related to labour relations. More specifically, what implications does a transfer as such have on the alienated or licenced business’ employees? In order to answer this question, it is of utmost importance to first … Continue reading

Moyens de pression des enseignants québécois : attention!

En novembre l’an dernier, la Fédération des syndicats de l’enseignement (ci-après « FSE ») faisait connaître ses demandes syndicales en vue de l’année de négociation nationale qui débutait pour les enseignantes et enseignants québécois (ci-après « les enseignants »). Parmi ses demandes, se retrouvaient entre autres : plus d’autonomie pour le personnel enseignant, du temps et des services pour … Continue reading

What protection from discrimination do employees have on grounds of gender in Quebec?

The Quebec Charter of Human Rights and Freedoms (Quebec Charter) provides the right not to be discriminated against on the grounds of sex. In the employment context, this protection has a wide scope that extends notably, but without limitation, to hiring, to the conditions of employment and to dismissal. The Supreme Court of Canada (SCC) … Continue reading

Notice rights – what rights do employees have to notice on termination of employment?

In Canada, particularly in the province of Quebec, the length of notice of termination to which an employee is entitled is fairly generous. In Quebec, the right to notice is mainly governed by two pieces of legislation, namely the Civil Code of Quebec (CcQ) and the Act respecting labour standards (LSA). While the provisions of … Continue reading

Managing Medical Marijuana in the Workplace in Canada

Federal regulations permit access to marijuana for medical purposes, and the use of marijuana can become a complicated issue in the workplace. Importantly, the Supreme Court of Canada recently ruled that patients approved under the regulations should have access to all forms of cannabis products, including edible or topical cannabis products, as opposed to only … Continue reading

Québec: what protection from discrimination do employees have on the grounds of sexual orientation?

Canada and particularly the province of Quebec are generally known to be “friendly” towards the rights of the LGBT community, including within the realm of employment. It is interesting to note that the Supreme Court of Canada held in 1995 that although sexual orientation was not specifically listed as a ground for discrimination in the … Continue reading

What right do employees have to a minimum wage in the province of Quebec?

The majority of workers in the province of Quebec are entitled to receive the minimum wage established by the provincial government. The right to the minimum wage is set out in the Act respecting labour standards, which applies to most provincially-regulated employers and employees. Certain categories of workers have clearly been exempted from the minimum … Continue reading

What protection do employees have against discrimination on the ground of age in Québec?

Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring, … Continue reading

Employment vs. Vocation: Is a Priest an Employee?

A specialized tribunal in Quebec recently decided in Dubois v. Diocèse de Trois-Rivières[1] that a parish priest was neither in the employment of the diocese that appointed him nor the parish corporation for which he was selected to perform his services. Tasked with determining whether an employment relationship existed under the Quebec Occupational Work and … Continue reading

Pénurie de travailleurs spécialisés au Québec : Le Ministère de l’immigration, de la diversité et de l’inclusion met à jour sa liste des professions en demande dans la province

Depuis 2012, le Ministère de l’immigration, de la diversité et de l’inclusion (MIDI) publie annuellement une liste des professions spécialisées en demande dans la province. Les employeurs désirant embaucher des travailleurs étrangers dans les professions qui font partie de cette liste verront leurs démarches facilitées. En effet, ces employeurs seront exemptés – pour les professions … Continue reading

Collective consultation on redundancy – what obligations do employers have?

In the province of Québec, the concept of “redundancy” shall be understood as terminations of employment or layoffs (individual or collective), all as stated in and within the meaning of section 82 and following of the Act Respecting Labour Standards (the ALS).[1] That being said, employers have no formal and legal obligations with regards to … Continue reading

Religious and other personal beliefs – what protection is granted to employees in Québec against discrimination?

The Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) confer a right to freedom of religion and prohibit discriminatory practices based on religion. Under the Québec Charter and Canadian Charter, the expression “freedom of religion” has been construed in a broad sense. … Continue reading
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