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The Act respecting Labour Standards and the Act respecting Collective Agreement Decrees

The majority of the minimum labour standards are replaced by sections of the Decree described above. However, some remain when they are not replaced by a similar or a more advantageous section in the Decree.

Here is an incomplete summary of these sections. For more details, we suggest that you get a copy of the Act respecting Labour Standards or contact the Commission des normes du travail.

Since you must already pay a levy to the Parity Committee, based on the payroll for your building service employee's, the salary of these employees is not subject to the CONTRIBUTION RELATED TO LABOUR STANDARDS. For all other employees in your company that are not subject to the decree, please note that you must continue to send this contribution to Revenu Québec, every year.

You must also continue to pay the contribution related to health and safety at work, for all your employees, following the statement that is sent yearly by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST).

5.1 Weekly rest

(Section 78, Act respecting Labour Standards)

You must grant your employee a minimum rest period of one day a week.

5.2 Maternity leave

(Section 81.4 and following, Act respecting Labour Standards)

You must grant the pregnant employee who makes the request for maternity leave, not more than 18 consecutive weeks without pay.

5.3 Parental leave

(Section 81.10 and following, Act respecting Labour Standards)

Upon request, you must grant the father and the mother of a new-born child and a person who adopts a child, a parental leave without pay of not more than 52 consecutive weeks.

5.4 Prohibited practices

(Sections 122-123, Act respecting Labour Standards and Sections 30, 30.1 and 31, Act respecting Collective Agreement Decrees)

It is prohibited for you to dismiss, suspend or transfer an employee on the grounds that the employee:

  • exercised one of his rights under the Act respecting Labour Standards.
  • has provided information to the Commission des normes du travail on the application of the labour standards or to the Parity Committee on the Decree.
  • has made a complaint to the Commission des normes du travail or to the Parity Committee.
  • is the object of a seizure by garnishment.
  • is pregnant
  • refuses to work beyond his or her regular hours for reasons related to the care, health or education of a minor child.

The employee may submit a complaint directly to the Commission des relations du travail or through the Commission des normes du travail or the Parity Committee, according to the situation. The Commission des relations du travail may order the reinstatement and the payment of the loss salary.

Furthermore, in cases related to the Parity Committee, the employer is liable to a fine of $200 to $3000 and to the payment of exemplary damages of three months' salary.

5.5 Dismissal without good and sufficient cause

(Section 124 and following, Act respecting Labour Standards)

You cannot dismiss an employee with two years of service without a good and sufficient cause. The dismissed employee may submit a complaint to the Commission des normes du travail who tries to settle the matter. If no settlement is reached, the complaint is submitted to the Commission des relations du travail who may order the reinstatement and/or a salary compensation.

5.6 Psychological harassment at work

(Articles 81.18, 81.19 and 123.6 to 123.16, Act respecting Labour Standards)

The Act respecting Labour Standards provides that the employee is entitled to a workplace that is free from psychological harassment. It is the employer's responsibility to take reasonable steps to prevent psychological harassment and to put a stop to such behaviour when it is brought to his knowledge.

An employee subject to harassment may contact the Commission des normes du travail to file a complaint.

Attention! If, following an employee's complaint, you have a file with the Commission des normes du travail (CNT) and with the Parity Committee, do not sign an agreement to settle the case with the Commission des normes du travail without consulting the Parity Committee. The Commission des normes du travail does not have the authority to settle a case for the Parity Committee and vice versa. Before you sign an agreement, make sure all the parties concerned accept the settlement.