Job & Legal

Capsule CSST on maternity leave. In Quebec, pregnant employees are entitled to maternity leave without pay for a maximum of 18 consecutive weeks, without exception. Through Regum Québec Parental Insurance Plan, benefits are paid to support the income of the employee who is absent from work after the birth or adoption of a child. At the end of maternity leave, the employer must reinstate the employee in her former position and give him the salary and benefits they would be entitled had she remained at work.

Capsule the paternity leave. The law on labor standards include provisions for paternity leave to protect the majority of Québec workers, whether full time or part time. The employee is entitled to a leave without pay from 5 consecutive weeks on the occasion of the birth of her child. Parental leave can be added to paternity leave, without exception. The Québec Parental Insurance Plan allows payment of income support benefits of an employee who misses work because he is a new father. At the end of paternity leave, the employer must reinstate the employee in his former position and give him the salary and benefits that would have been entitled had he remained at work.

Capsule on holidays. Provides several links. The holidays are New Year’s Day, Good Friday or Easter Monday, at the discretion of the employer, Victoria Day, etc.. Some exceptions apply. A link is available to calculate the allowance.

Capsule on overtime. Hours worked in addition to hours of regular work week shall be paid a premium of 50% (rate ½) the regular hourly wage, excluding premiums established on an hourly basis as premiums night. For some employees, it is the original agreement which establishes when they begin to work overtime. An employee may refuse to work if asked to work more than 4 hours beyond his regular hours or more than 14 hours per 24 hours, whichever is shorter or if asked to work more than 12 hours per 24 hour period. This provision applies only to employees whose daily working hours are flexible or non-continuous.

‘’ The Act respecting labour standards provides a recourse for a dismissal not made for good and sufficient cause that protects the majority of Québec workers, whether they are full or part time. The recourse in case of a dismissal not made for good and sufficient cause is a job protection measure that is similar to the grievance right generally enjoyed by employees governed by a collective agreement. This recourse reinforces the measures of the Civil Code dealing with contracts of employment. In some situations, it provides for the possibility of reinstating the employee in his job. An employee who has worked for the same enterprise for 2 years or more and who believes that he was dismissed without good and sufficient cause may file a complaint with the Commission des normes du travail.'’

Capsule on parental leave. The law on labor standards contains provisions concerning parental leaves which protect the majority of Québec workers, whether full time or part time. Every parent of a newborn or newly adopted child is entitled to parental leave without pay for up to 52 weeks. The person who adopts the child of his spouse is also entitled to this leave. Parental leave may not begin until the week of the birth of the newborn or in the case of adoption, before the week the child is entrusted to the employee. He can not begin before the week the employee leaves work to pick up the child outside of Quebec. The employee may return to work part time or intermittently during the parental leave if the employer consents. At the end of parental leave, the employer must reinstate the employee in his former position and give him the salary and benefits that he would be entitled had he remained at work.

Canadian Government Website dealing with labor standards for employees under federal juridiction. French article

Capsule on the work schedule. The employee must be paid when he is available to the employer at the workplace and required to wait to be given work, during breaks granted by the employer during the time of ‘travel is required by the employer during any trial period or training required by the employer.

Capsule on the notice of termination. The law on labor standards contains provisions on the notice of termination or layoff for 6 months or more. These provisions protect the majority of employees in Quebec. An employer must give the employee a written notice of termination before terminating his employment contract or before laying him off for a period exceeding 6 months. At the end of a fixed term contract or if the employee has completed the task for which he was hired, the employer is not required to give such notice. The employer failed to give notice of termination to an employee who has less than 3 months of continuous service. The time to deliver the notice to employees vary by length of continuous service.

Capsule on vacation. If an employee is in continuous service for less than a year, he is entitled to 1 days per month completo continuous service without exceeding 2 weeks (4%), between one year and 5 years, he is entitled to 2 consecutive weeks (4 %) and over 5 years is entitled to 3 weeks (6%). The employer may at the request of the employee, allowing him to take his holidays during the year. The holiday can also be postponed.

Capsule on psychological harassment. Bullying at work is a vexatious behavior manifested by conduct, words or gestures repeated: who are hostile or unwanted, which undermine the dignity or psychological or physical integrity of the employee and make Workplace harmful. A single serious may constitute psychological harassment if it has the same consequences and if it has a lasting harmful effect on the employee. The employer is obliged to provide its employees a workplace free from psychological harassment. However, this is an obligation of means and not results.

Cap on salary. The minimum wage is $ 9 per Luckily ($ 8 for employees receiving tips). An employee at the commission or the room should still receive at least minimum wage for the work he performs. The minimum wage law applies to all employees, regardless of the mode of payment specified. An employee can not receive less than the minimum rate because the cost of the acquisition, use or maintenance of special clothing used for work have been deducted from his salary. When an employer requires its employees to wear special clothing, he must provide for free to those who are paid minimum wage.