Canada: Jurisdictional Summary- Quebec

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP

References are to An Act Respecting Labour Standards, CQLR, c. N-1.1, unless noted otherwise.

HOURS OF WORK Regular workweek is 40 hours, except in cases where it is fixed by regulation of the government: 52.

This may be altered with authorization of the Commission or by collective agreement: 53.

An employee may refuse to work: 59.0.1.
  1. More than four hours after regular daily working or more than 14 working hours per 24 hour period, whichever period is the shortest, or for an employee whose working hours are flexible and non-continuous, more than 12 working hours per 24 hour period
  2. Subject to s. 53, more than 50 hours per week, (60 for an employee working in an isolated area or carrying out work in the James Bay Territory)

This section does not apply where there is danger to life, health or safety of employees or population, or in other events of emergency or when refusal would be inconsistent with the employee's professional code of ethics.

EATING PERIODS Subject to collective agreement or decree, employer must grant to an employee a rest period of 30 minutes, without pay, for meals, for a period of five consecutive hours of work; employee is to be paid if not able to leave work station: 79.
REST PERIODS Employees are entitled to a weekly minimum rest period of 32 consecutive hours: 78.
OVERTIME Any work in addition to the regular workweek entails a premium of 50% of the prevailing hourly wage to the employee except premiums computed on an hourly basis

Employer may, at employee's request or in cases of collective bargaining or decree, replace the payment of overtime by paid leave equivalent to the overtime worked plus 50%

Subject to collective agreement or decree, leave must be taken during 12 months following the overtime at a date agreed between the employer and the employee 55
MINIMUM WAGE An employee is entitled to be paid a wage that is at least equivalent to the minimum wage: 40.

Minimum wage is $10.35 per hour, except where an employee makes gratuities or tips, in which case it is $8.90 per hour, as of May 23, 2014: r. 3, s. 3-4.
VACATION An employee credited with less than one year of uninterrupted service with the same employer during a reference year is entitled to an uninterrupted paid leave for a duration of one working day for each month of uninterrupted service, up to two weeks: 67.

An employee credited with one year of uninterrupted service during the reference period is entitled to a minimum two consecutive weeks of paid leave: 68.

An employee covered under s. 68 may apply for an additional leave without pay equal to the number of days required to increase his annual leave to three weeks: 68.1.

Employee credited with 5 uninterrupted years is entitled to a minimum of 3 consecutive weeks of paid leave: 69.

Annual leave must be taken within 12 months of the year from which the entitlement was granted: 70.

Annual leave requirements may be altered by collective agreement or decree: 71.1.
HOLIDAYS Employer must pay employees an indemnity equal to 1/20 of the wages earned during the four complete weeks of pay preceding the week of the holiday; 1/60 of the wages earned during 12 complete weeks of pay preceding the holiday if employee remunerated in whole or in part on commission basis: 62.

Employees who work on statutory general holidays are to be paid for both the work done and in accordance with s. 62, and must be granted a compensatory holiday of one day; holiday must be taken within 3 weeks before or after the day, unless altered by collective agreement: 63.
MINIMUM WORKING AGE No employer may have work performed by a child that is disproportionate to the child's capacity, or that is likely to be detrimental to the child's education, health or physical or moral development: 84.1.

No employer may have work performed by a child under the age of 14 years without first obtaining the written consent of the holder of parental authority: 84.3.
EQUAL PAY No employer may remunerate an employee at a lower rate of wage than that granted to other employees performing the same tasks in the same establishment for the sole reason that the employee usually works less hours each week: 41.1.

Above does not apply to an employee remunerated at a rate of pay which is more than twice the rate of minimum wage: 41.1.
LEAVES OF ABSENCE SICKNESS – An employee may be absent from work for a period of not more than 26 weeks in a year owing to sickness, organ or tissue donation for transplant or an accident, or for a period of not more than 104 weeks in instances where the employee suffers serious bodily injury resulting directly from a criminal offence. This section does not apply, however, to instances of employment injury: 79.1.

FAMILY OR PARENTAL - Up to 10 days per year to fulfill obligations relating to employee's children or immediate family member's health: 79.7.

For a period of not more than 12 weeks over a year where the employee must stay with their immediate family because of serious illness or accident, with extensions available in the case of serious and potentially mortal illness to a minor child: 79.8.

For a period of not more than 52 weeks if the employee's minor child has disappeared: 79.10.

For a period of not more than 52 weeks if the employee's spouse or child commits suicide: 79.11.

For a period of not more than 104 weeks if the death of an employee's spouse or child occurs during or results directly from a criminal offence: 79.12.

For a period of one day in the case of the employee's wedding or civil union: 81.

For a period of five days at the birth of an employee's child, the adoption of a child, or where there is a termination of pregnancy in or after the 20th week: 81.1.

Paternity leave of not more than five consecutive weeks, which shall start no later than 52 weeks after the week of the birth: 81.2.

A pregnant employee is entitled to a maternity leave without pay of not more than 18 consecutive weeks, unless, at her request, the employer consents to a longer maternity leave: 81.4.

The father and mother of a newborn child, and a person who adopts a child, are entitled to parental leave without pay of not more than 52 consecutive weeks: 81.10.

RESERVISTS – an employee who is also a reservist of the Canadian Forces may be absent from work, without pay, for one of the following reasons: 81.17.1:
  1. If the employee has 12 months uninterrupted service, to take part in an operation of the Canadian Forces outside of Canada for a maximum of 18 months;
  2. To take part in an operation to (i) provide assistance in the case of a major disaster, (ii) aid the civil power, on request of the Attorney General of Quebec, or (iii) intervene in any other emergency on behalf of Government;
  3. To take part in annual training for a period of not more than 15 days
TERMINATION/SEVERANCE Employer must give written notice before terminating a contract of employment or laying off a worker for 6 months or more; notice shall be one week if employee has under a year of uninterrupted service, two weeks if between one and five years, four weeks if between five and ten years, and eight weeks if over ten years of uninterrupted service: 82.

Does not apply to employees with (a) less than 3 months uninterrupted service, (b) have a fixed term contract, (c) have committed a serious fault, or (d) for whom the end of the contract or layoff is a result of superior force: 82.1.

Employer who does not give notice or who gives insufficient notice must pay employee compensatory indemnity in lieu of prescribed notice: 83.
EXEMPTIONS 3: Act does not apply to:
  1. Employee whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, in that person's dwelling, unless the work serves to procure profit to the employer, or if the employee's duty is performed solely within the context of assistance to family or community help;
  2. To an employee governed by the Act respecting labour relations, vocational training and workforce management in the construction industry;
  3. To a student who works during the school year in an establishment selected by an education institution pursuant to a job induction programme;
  4. To senior managerial personnel, except for standards with respect to leave and severance

88: Government may make regulations exempting certain categories of employees from application of employment standards requirements, namely: managerial personnel, employees on commission, employees engaged in logging operations, saw mills and public works, caretakers, employees who receive gratuities or tips, employees contemplated by subparagraphs I, ii and iii of paragraph 10 of section 1, students employed in a vacation camp or in a social or community non-profit organization, such as a recreational organization, and trainees under a programme of vocational training or induction recognized by law

54:
Regular workweek does not apply for the purposes of computing overtime hours for:

  1. Students employed in vacation camp or for a non-profit or recreational organization;
  2. Managerial personnel of an undertaking;
  3. An employee who works outside an establishment whose working-hours cannot be controlled;
  4. An employee assigned to canning, packaging and freezing fruit and vegetables during the harvesting period;
  5. An employee of a fishing, fish processing or fish canning industry;
  6. A farm worker;
  7. Employee whose sole duty is to care for a child or a sick or handicapped person in their dwelling;
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Contact the Author?
Click here to email the Author
In Association with
In Partnership with
Other Canada Advice Centres
Competition and Antitrust
Mergers and Acquisitions
Intellectual Property
More Advice Centers
Significant Recent Cases
Blaneys@Work is a site produced and run by Blaney McMurtry LLP’s Employment and Labour Group. It is full of useful information regarding recent events and decisions in the world of labour and employment law.
Useful Resources
Latest updates regarding current employment and labour issues.
Employment standards are essentially the foundation for creating productive workplaces, help protect the rights of workers and and provide the necessary conditions for a productive economy.
Federal labour standards set out the minimum standards that federally regulated employers and employees must follow.
The right to fair wages and working conditions extends to trades workers employed on construction sites under federal contracts, and is guaranteed under the Fair Wages and Hours of Labour Act and Regulations.
If you are an employee legally entitled to work in Canada, you have certain protections under the Wage Earner Protection Program Act concerning payment of your wages, vacation, severance and termination pay if your employer becomes bankrupt or subject to a receivership under the Bankruptcy and Insolvency Act.
The minimum wage is a basic labour standard that sets the lowest wage rate that an employer can pay to employees who are covered by the legislation.
Canadians have the right to be treated fairly in workplaces free from discrimination.
Upcoming Events
View the latest and upcoming Blaney Seminars.
A list of all the upcoming CBA programs.
Tools
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.