Labour law
Labour law in Quebec
Your obligations as an employer may raise several legal questions and concerns. When a dispute arises in your workplace, consulting a lawyer allows you to resolve it quickly and prevent future ones.
Don’t wait for an ambiguous situation to escalate—call Chabot to get support from experienced labour lawyers.
Contact usSeasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Contact usSeasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Me Bruno-Pierre Allard
Lawyer, CRIA, ECH, Arbitrator, Investigator and Accredited Mediator
Expertise : Labour Law Litigation and Investigations, Arbitration
Seasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Me Samuel Audet
Lawyer and Accredited Investigator
Expertise : Labour Law Litigation and Investigations
Descriptive list of labour relations services
1. Drafting and reviewing employment contracts
Drafting, reviewing, or modifying individual employment or service contracts, HR policies, and any other common documents in the context of labour relations.
2. Support upon receipt of an accreditation request:
- Advice on the employer’s rights and obligations during the process;
- Assessment of the proposed bargaining unit;
- Communications, follow-ups, and representation before the tribunal.
3. Collective agreement negotiation:
- Assessment and study of union demands;
- Preparation and participation in negotiation meetings, as advisors or interlocutors;
- Involvement and representation before the tribunal or a dispute arbitrator;
- Legal and strategic advice in case of strike or lockout;
- Establishment of a memorandum of understanding.
4. Drafting and updating collective agreements
Drafting and modifying collective agreements, studying union demands in a renewal context, establishing employer demands.
5. Advice on day-to-day labour relations management:
- Disciplinary and behavioral management;
- Administrative management (skills and performance);
- Management of received union grievances (processing, follow-up, discussions, and negotiations);
- Negotiation and drafting of letters of agreement.
6. Management of workplace conflicts and issues of psychological harassment and/or workplace violence:
- Individual coaching and training;
- Workplace mediation;
- Workplace investigation, including file review, interview meetings, drafting interview summaries, and the investigation report with all evidence, conclusions, and recommendations.
7. Labour relations training
Training (individual or group) for supervisors, managers, HR advisors, and executives on any topic related to labour relations.
8. Representation in labour law proceedings, complaints, grievances before all courts, including:
- The CNESST (standards, pay equity, and occupational health and safety);
- The Administrative Labour Tribunal (all divisions);
- The Human Rights and Youth Rights Commission and the Human Rights Tribunal;
- Employment and Social Development Canada;
- The Canadian Industrial Relations Board;
- The Social Security Tribunal;
- Arbitration courts;
- The Court of Quebec, Superior Court, Federal Court;
- The Quebec Court of Appeal and the Federal Court of Appeal;
- The Supreme Court of Canada.
9. Arbitration services
Arbitration services as arbitrators.
Frequently Asked Questions
Am I considered an employee under the law?
The Act respecting labor standards defines an employee as a person who undertakes to perform work for an employer. The employee’s compensation is paid in the form of taxable wages, and the employer is required to withhold taxes at source and pay contributions to the CSST on behalf of that employee.
Senior executives are not employees covered by the Act respecting labor standards.
What are the rules regarding notice of termination?
The Act respecting labor standards provides for a minimum notice period in the following cases:
- Less than one year of continuous service: 1 week
- From 1 to 5 years of continuous service: 2 weeks
- From 5 to 10 years of continuous service: 4 weeks
- More than 10 years of continuous service: 8 weeks.
This minimum notice period does not exempt the employer from providing “reasonable” notice as defined by the Civil Code of Québec, which may exceed the notice periods listed above if circumstances warrant it.
An employee resigning must also give reasonable notice to the employer by notifying them in advance of their intention to leave the company. According to customary practice, this notice period is usually two weeks.
Why draw up a written employment contract?
A written employment contract is now essential for the following reasons:
- It serves as a reference for the employer to ensure that the employer fulfills its contractual obligations, and vice versa.
- It allows for the documentation of the tasks expected of the employee.
- It eliminates ambiguities regarding the agreed-upon working conditions.
- It protects the employer’s interests regarding confidentiality, non-solicitation, and non-competition.
- It protects the employee’s interests by formalizing the compensation and other benefits to which they are entitled.
