Labour Law
We know that work occupies a central place in your life, whether you are an employee or an employer. However, many unstated dynamics exist in the work environment, which cause conflicts and difficulties. If a dispute arises in your workplace, it is better to settle it quickly, or even prevent it in advance. Do not wait for the intensification of an ambiguous situation...
We can advise you and guide you according to your needs :
- preparation and negotiation of labor contracts;
- labor standards (pay, statutory holidays, vacation);
- complaints about labor standards (advice and representation);
- dismissal, permanent layoff, termination of employment regulations;
- psychological harassment;
- disciplinary actions;
- conflict management in the workplace.
Frequently asked questions
Am I considered as an employee, legally speaking?
Labour law says that an employee is a person who performs work for an employer. Their remuneration is paid by a taxable salary and the employer must pay deductions at the source and pay the CSST contributions for that employee.
Senior executives are not employees covered by labour law.
What are the rules for notice of termination?
Labour law provides for a minimum notice in the following cases:
- Less than one year of continuous service: 1 week
- 1 year to 5 years of continuous service: 2 weeks
- 5 years to ten years of uninterrupted service: 4 weeks
- Over 10 years of continuous servce: 8 weeks.
This minimum notice does not exempt the employer from providing a "reasonable" notice under the Civil Code of Québec, which could be higher than previously detailed notices if circumstances warrant.
Employees that resign must also give a reasonable notice to the employer, informing them in advance of their intention to leave the company. In this case, the notice is usually two weeks.
Why make a written employment contract?
The written contract of employment is now a must for the following reasons:
- It serves as a reference for the employer to ensure that the employer complies with its obligations under the contract, and vice versa.
- It allows to have a record the tasks expected of the employee.
- It puts an end to ambiguities in the work condtions of the employee.
- It protects the interests of the employer regarding confidentiality, non-solicitation and non-competition.
- It protects the interests of the employee by formalizing the remuneration and other benefits to which they are entitled.