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 Employees
Abdallâh’s doctor told him he has to stay in bed for three weeks. But he returns to work after only four days, scared that a prolonged leave might cost him his job. Meanwhile, Yi-Tin is facing an ethical dilemma. She just found out that the company she is working for is committing fraud, but she doesn’t want to risk losing her internship with them.
Many employees have had to deal with the fear of losing their job. However, the law protects employees in numerous situations. In this Infosheet, Éducaloi explains cases in which your job is protected, outside of the situations covered by the Labour Standards Act.   
No, when you are hurt or fall ill because of your work, you have a “right to return to work”. Your employer has to allow you to come back to your normal position, with the same benefits, as long as:
However, this protection does not apply if the consequences of your illness or accident or the repetitive nature of your absence is a good and sufficient cause for dismissal or any other measure taken against you. To find out more about what is “good and sufficient cause”, read the Infosheet entitled Dismissal without good and sufficient cause. If your position no longer exists when you return to work, your employer has to give you the rights and privileges you would have had if you had been at work when the position was abolished. This principle also applies following a maternity, paternity or parental leave. To find out more about the right to return to work, visit the website of the Commision de la santé et de la sécurité au travail (CSST). 
Your employer is allowed to move you if he thinks that your work conditions involve physical dangers for you or your baby.
If you disagree with the move, you can refuse it by presenting a medical certificate (from your doctor) saying that your normal working conditions do not pose a risk for you or your baby.
No. Your employer cannot fire you or take measures against you because you were summoned or have been called as a jury member. If he does anything, you have 30 days to file a complaint with the Commission des relations du travail.
The same is true if you have received a court order to be a witness. Your employer must allow you to miss work to carry out your duty and the law prohibits him from imposing sanctions for this reason. To find out more about your rights and obligations as a witness, see the Infosheet entitled Testifying at a criminal trial.
Yes. An employer can fire an imprisoned employee for non-availability.
However, an employee cannot be fired for the sole reason that she was convicted of a criminal act, if the offence has no connection to her job. For example, Sophia was convicted of assault against the new girlfriend of her ex, Sebastien. This offence has no connection to her work as an accountant, so her employer cannot fire her on the basis of it. Sometimes the law provides that a person convicted of an offence or certain types of offences cannot hold certain jobs. For example, daycare workers are not allowed to have past convictions for offences against children. If the employer finds out that his employee committed such an offence, he can fire him, even if the employee thinks that the offence has no connection with the present job.
No. An employer can face criminal proceedings if he tries to impose disciplinary sanctions against an employee, demote him, fire him or threaten any of these just because the employee reported the company’s violation of any provincial or federal law.
An employee who faces any of these measures can contact police.
No. The law protects freedom of association. So an employer cannot refuse to employ or fire an employee just because he wants to join an employee association. Neither can the employer use intimidation or threats to stop a union from forming.
Any employees who face such measures can file a complaint with the Commission des relations du travail. The employer may face fines and measures designed to protect union activities.
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