La loi vos droits

Employees

Employers and Employees: Their Obligations

Mélanie just got a job in a boutique at the mall. Her employer hasn’t signed a written contract with her. He just met with her to talk about working hours, pay and the work routine at the boutique. Mélanie wonders if this means that she has an employment contract.

In this Infosheet, Éducaloi explains what rights workers and employers have, as well as the obligations that they must respect.

What is an individual contract of employment?

Whenever any person, called the employee, is hired to work under the direction of another person, called the employer, an employment contract is created.

The content of an individual employment contract is determined at the time of hiring by the employer and the employee, but also by the law. The Civil Code of Québec grants rights and imposes obligations that both parties must respect. Many other laws govern the contract between employer and worker, including the Labour Code, the Act respecting labour standards, the Act respecting industrial accidents and occupational diseases, etc. This is why, when trying to define the relationship between an employer and a worker, it is important to first look at the individual employment contract and the collective agreement (if there is one), and then look at the other laws that may apply to the situation.

Must this contract be written?

Many people mistakenly believe that an employment contract is valid only if it is written. In truth, the simple fact of an employer and an employee arriving at a verbal agreement on the principle terms of work gives rise to a contract. Of course, a written contract has a strong advantage whenever there is a dispute about its contents. It is always easier to prove the existence of an agreement if you have documented proof.

What is the difference between a contract for services and an employment contract?

A contract for services creates work for an entrepreneur or self-employed worker. An employment contract – the subject of this Infosheet – is what exists between an employer and a worker.

The distinction becomes significant when certain laws enter into play. For example, only employees have a right to employment insurance, compensation from the Commission de la santé et de la sécurité au travail (CSST) and other benefits associated with an employment contract.

While there is no test that determines to any degree of certainty whether a person is an employee or self-employed, certain indicators can be helpful. To learn more about this, we invite you to read the Infosheet entitled The status of self-employed workers.

What are the main obligations that the law imposes on my employer?

You employer has a number of obligations toward you. For example, he must:

• provide you with a workplace and keep it accessible, as well as providing tools, equipment and other items necessary for the performance of your job. The employer must provide you with work that corresponds to your employment contract.
  
• pay you for work performed. Payment can include benefits like the use of a vehicle for personal purposes, the use of a dwelling, group insurance or a retirement plan determined by the employment contract.
  
• make sure that the sanitary and safety conditions you work are such that your health is not at risk.
  
• give you reasonable notice if he terminates a contract of no fixed duration, or pay you an indemnity to replace the notice period. Reasonable notice varies according to the particular circumstances of your employment, such as its duration, the nature of the job, and the importance of the responsibilities involved.
  
• treat you with respect and protect your dignity. He must ensure that discriminatory behaviour toward you is never tolerated in the workplace. In the same vein, he also must ensure that you have a workplace free from sexual harassment.

Of course, these obligations depend also on the individual work contract that you have with your employer. Your contract could provide that you have to bring your own tools to work, for example. Still, it is important to remember that it is impossible to form a valid contract that goes against rules of “public order”. For example, the employer cannot avoid the application of the Act respecting labour standards to things like uniforms, overtime, minimum annual vacation times, etc.

Do I have obligations toward my employer?

Yes, you have obligations toward your employer. Here are some of the most common ones:

First of all, you must do the work that you were hired to do. You have to do it yourself. If you are often late, absent for no reason or too often, it may be possible to fire you or impose some other sanction, depending on the circumstances. In addition, you have to do your work in a way that will not endanger the health and safety of others.

As well, you must respect your supervisors' instructions. You cannot refuse to do something unless it would be dangerous to your health or safety, or it would violate the code of ethics of your profession, the law or public order.

For example, Jacques, an accountant, doesn’t have to obey his employer if she asks him to falsify documents in order to defraud the Ministry of Revenue.

Finally, you must remain loyal to your employer. You must avoid situations of conflict of interest and guard against using confidential information learned through your job for your own profit. You must also respect any commercial secrets your employer may have.

For instance, David may not use a list of clients he has access to at his job to try to recruit clients for a business he has on the side.

Is my employer required to increase my salary every year?

No. Your employer has no obligation to give you an annual pay raise unless it is stipulated in your employment contract. In fact, your employer can even freeze or reduce your salary if his economic situation warrants such action and if he does so in good faith and without discrimination against you or his other employees.

I signed a one-year employment contract with a right to reimbursement for car expenses. Can my employer decide not to reimburse me?

No. If your employment contract states that your employer will reimburse you for vehicle expenses, and he fails to do so, he is in default of his obligation to remunerate your work according to the agreed-upon terms.

I am a truck driver and I lost my licence due to impaired driving. Can I lose my employment?

Yes. One of your obligations to your employer is to perform the duties you were hired to do. The fact that you lost your licence means that you can no longer perform those duties. Since you cannot meet this obligation, your employer is justified in terminating your employment.

But the fact that you were found guilty of an offence doesn’t give your boss an automatic right to fire you.

My employer transferred me from the sales floor to the accounting department. Can I oppose this change of tasks?

Yes, depending on the circumstances. You can oppose the transfer if it means a great change in your tasks, your responsibilities and perhaps your pay.

But you still are expected to accept reasonable changes to your work tasks. For example, if your employer decides that most work should be done on computers from now on, but offers you adequate training for this, you have an obligation to adapt to this change.

As you can see, the situation often is analyzed case by case, and this is why we recommend contacting a legal professional or the Commission des normes du travail to learn more about your particular situation.