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Employees - Labour standards

Labour Standards in Quebec

You are fed up! Your employer really seems to have it in for you: he makes you work long hours without pay, he keeps threatening to fire you, he doesn’t allow you to take any vacations… But, you are at the bottom of the ladder - What can you possibly do about it?

Employers and employees in Quebec are subject to the Act respecting labour standards, which establishes minimum conditions of employment for almost everyone.

In this Infosheet, Éducaloi explains who is covered by the Act and how this law affects the workplace. For a detailed explanation of some of the rights under the Act respecting labour standards (parental leave, salary, recourses, etc.), consult our Infosheets found in the “Employees” section of our website.

What is the role of the Act respecting labour standards?

The workplace in Quebec is governed by several laws. The Act respecting labour standards is meant to protect employees by providing minimum working conditions. This law explains what is legally acceptable in Quebec with regard to salary, the length of the workweek, holidays, termination, etc.

An employer can go beyond the protections given under the Act and offer better working conditions to his employees, but he can never give less. Employers must respect the standards set out in the Act. If they do not, they can be fined or sued.

The Act respecting labour standards is a law of public order. That means that clauses in a work contract that provide for less than what is in the Act do not apply; they have no legal value.

What subjects are covered by the Act respecting labour standards?

The Act respecting labour standards establishes basic rules on the following subjects:

• minimum wage;
  
• length of the regular workweek;
  
• breaks;
  
• vacation time;
  
• public holidays;
  
• absence for family reasons;
  
• things that can be done in certain cases of termination;
  
• notice of termination of employment, layoff, or collective dismissal, and work certificate;
  
• cost of clothing, equipment, travel, or mandatory training;
  
• work performed by children;
  
• psychological harassment.

Does the Act respecting labour standards apply to me?

The Act respecting labour standards applies to most employees in Quebec. An employee is a person who works for an employer and who has the right to a salary.

Remember that the Act respecting labour standards doesn’t apply to the following people:

• Self-employed workers (people who run their own business);
  
  
• People working in businesses governed by federal laws. This is the case for federal government employees, banks (except caisses populaires), radio stations, television stations, interprovincial transport businesses, ports, telecommunication businesses, etc. The labour standards for these people are found in the Canada Labour Code, which is a federal law.

The Act respecting labour standards applies in part to certain people. They are protected by the Act against psychological harassment and forced retirement. This is the case for:

• Students who work during the school year in an establishment chosen by an educational institution pursuant to a job induction program;
  
  
• Sitters who, on an occasional basis take care of a child, sick person, disabled person, or older adult, at the home of that person. Their employer cannot seek to make money out of their service. For example: the teenager who babysits children on a Saturday night when the parents are out;
  
  
• Upper management workers;
  
  
• Construction workers.

The Act respecting labour standards also gives upper management and construction workers the rights relating to absences for family reasons and paternity, maternity and parental leaves.

Remember that although these people are excluded from all of the other rights and protections under the Act respecting labour standards, their work contracts or other laws may protect them.

Am I protected under the Act respecting labour standards if my employer sends me to work outside Quebec?

Yes. The Act respecting labour standards applies to the employee wherever he completes his work. If the employer has a business, a headquarters, factory, place of business or office in Quebec, he must respect what’s in the Act.

If you usually work in Quebec and your employer sends you to work abroad, he cannot deprive you of the protections under Quebec’s Act respecting labour standards, even though you are working in another country.

Is it possible to hire child workers in Quebec?

Yes, if certain rules are followed. An employer cannot hire a child under 14 years old to work without the written permission of one of the child’s parents. The child cannot work during school hours. He also cannot work between 11:00 p.m. and 6:00 a.m., unless he is:

• older than 16 years;or
  
• working as an artist (actor, singer, etc.);or
  
• working as a paperboy.

The work must not exceed the child’s capacity, and cannot compromise his development, health, or education.

What is the Commission des normes du travail?

This is the organization in charge of applying the Act respecting labour standards. The mission of the Commission is to inform the public about labour standards.

It also receives complaints from employees, investigates these complaints, and if necessary, compensates employees according to the law. The Commission must attempt to get employers and employees to resolve their disagreement about labour standards.

Finally, the Commission has the power to sue an employer to recover money that he should have paid to the employee, but which the Commission paid instead.

In my workplace, I am considered a manager. Despite my title, can I be considered an “employee” covered by the Act respecting labour standards?

Yes. A fancy title like "supervisor" or "manager" doesn’t automatically make you "management" under the law. You are covered by the Act respecting labour standards if you don’t have a great deal of decision-making power and you are dictated your tasks.

For example, suppose you supervise a work team in a large business. Every week, you have a meeting with the section head who tells you what to make your team do. In that case, you are still considered an employee under the Act respecting labour standards.

Even if you are considered as "management" having a lot of decision-making and administrative authority, you are still covered by the following labour standards and protections under the Act:

• absences for family reasons;
  
• paternity, maternity and parental leaves;
  
• protection against psychological harassment;
  
• protection against forced retirement.

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca/en/home/index.html]