To ensure the mental and physical well-being of workers, it is important that all employers respect the laws that dictate work standards in Quebec while guaranteeing the necessary safety in the workplace.
What is the Quebec Labour Code?
The Quebec Labour Code is a provincial legal code that allows for the formation of a union and regulates the relationship between employers and employees in certified unions. The Canada Labour Code is the federal equivalent of the rules set out in this legislation.
The Quebec Labour Code also sets out the various processes for unionization, the right to strike and bargaining. Collective agreements document the negotiations between unionized employees and employers regarding working conditions within their organization. These agreements must follow the rules in force under the Act respecting labour standards.
Benefits of union membership support
Are foreign workers protected by labour standards?
Foreign workers are foreign citizens who have decided to work for a Quebec employer and stay in Quebec temporarily. These workers are part of the Temporary Foreign Worker Program and are protected by the Act respecting labour standards and the Canadian Charter of Rights and Freedoms.
Foreign workers therefore have the same labour rights and obligations as Quebec workers. A Quebec employer who decides to hire foreign workers is bound by the same rights and obligations as other workers. It is essential that foreign workers understand their rights and obligations when working in Quebec.
Temporary Foreign Workers | CNESST Rights
Who is protected by labour standards?
The law on labour standards covers the vast majority of employees in Quebec, whether they work full or part-time. However, there are exceptions:
- Construction workers have rights regarding psychological or sexual harassment and forced retirement. They also have the right to unpaid leave and maternity or paternity leave.
- Executives also have certain standards and protections that apply to them.
- Students.
- Workers who care for a sick or disabled person or a child.
- Self-employed workers are not covered by the Act respecting labour standards, since they are not considered employees.
How are workers protected in Quebec?
In Quebec, providing working conditions that comply with the Act respecting labour standards and ensuring workplace safety are among the obligations of employers.
Labour standards and conditions
Workers in Quebec have the right to benefit from favourable working conditions that employers must provide. All jurisdictions in Canada, whether provincial or federal, have minimum employment standards that are applicable to all employees under the applicable laws.
These rights include:
- Minimum wage according to hours worked;
- Working hours (maximum number of hours);
- The rules on overtime;
- Travel expenses and necessary equipment;
- Equal pay;
- Annual holidays and public holidays;
- Minimum rest time;
- Psychological or sexual harassment;
- Layoff, resignation and dismissal;
- And so on.
Labour standards legislation provides for minimum standards that govern the terms of any employment contract. These standards must be applied by all employers, and many industries have even higher standards.
Guide to work-related mental stress injuries
Pay equity
All workers have the right to receive fair wages. Each employee also has the right to request information from his or her employer if needed and to provide a complete job evaluation. However, the worker must participate in establishing this pay equity by verifying the information shared in postings and through the pay equity committee.
Equal pay guarantees equal pay for men and women for work of equal value. This legislation provides for the implementation of a program to enforce pay equity that engages employers and pay equity committees that include employee representatives.
This process is carried out according to certain stages:
- Identify the different job categories
- Determine the gender predominance in each category
- Objectivize the value of the work done
- Evaluate total compensation for each category
- Compare the salaries of the various categories
- Identify gender pay gaps
- Make the necessary adjustments to ensure pay equity
Occupational health and safety
Workers have the right to working conditions that respect their health and safety. Physical and psychological integrity is very important to preserve in the workplace, while providing access to the necessary health services according to the risks of the job. It is also important to provide employees with adequate information, training and supervision.
Several laws and measures are in place to reduce the incidence of occupational diseases and accidents. In addition, in the event of an occupational accident or disease that results in permanent damage to the physical or psychological integrity of a worker, the latter will have the right to physical, social and professional rehabilitation and will receive compensation if necessary.
There are a number of obligations imposed on employers and employees to maintain a safe and harassment-free workplace. Some workplaces, such as construction sites or industrial facilities, are inspected by health and safety authorities to ensure compliance with standards.
Guide for victims of psychological harassment at work
Human rights and employment equity
In Quebec and in all jurisdictions, human rights legislation prohibits discrimination in the employment relationship on grounds such as :
- Race
- Religion
- Sex
- Age
- Disability
- Colour
- Criminal record
- Sexual orientation and gender identity
- Marital or family status
- Etc.
The purpose of this legislation is to provide fair employment opportunities for everyone and to protect women, aboriginal people, minorities and people with disabilities.
Workers’ compensation
In Canada, workers’ compensation is governed by laws and systems that are administered by government agencies. This guarantees benefits to workers who suffer work-related injuries or illnesses. Nevertheless, these benefits are part of a public no-fault system where benefits are received without lawsuits against the employer.
In all cases, if your rights as a worker in Quebec are not respected, you can opt for recourse to the CNESST. If your claims have been denied, you also have the right to request a review of the CNESST decision to express your disagreement.
Can an employee sue an employer in Quebec?
The role of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
The CNESST is responsible for several tasks:
- Apply the Act respecting labour standards
- Inform the public about these labour standards
- Receive employee complaints, make the necessary investigations and compensate if necessary
- Find agreements between employers and employees on the application of these standards in the workplace
- Suing an employer for failure to pay an employee in order to recover amounts owed
Need legal assistance?
At Accident Solution, we provide you with CNESST lawyers who can enlighten you regarding your rights and help you obtain the compensation you deserve. From the very first meeting, our CNESST experts will analyze all the documents in your file in order to understand the nature and impact of the decisions made.
We accompany you throughout the entire process of contesting or claiming compensation while putting all our know-how and knowledge of the law at your disposal. Our team is able to guide you towards the best administrative and legal steps to take according to your situation and help you during the negotiations or the rehabilitation process.
