10. The Charter of the French Language Flashcards
What is the relationship between the state of French in Quebec 1977 and the Charter of French Language?
The state of the French language in Québec in 1977:
- Low birth rate among francophone Quebecers
- Immigrants join at greater rate the English-speaking community
- English is a predominant language in the business sector and in workplaces
The Charter of the French Language (1977)
- Not just a question of individual rights
- A broad language planning project
How does the Charter relate to businesses?
Objective:
“… to make of French the … normal and everyday language of work, instruction, communication, commerce and business.” (CFL Preamble)
Application (s. 135)
- All forms of business (sole proprietorship, partnerships and corporations) must apply the CFL
What are the 3 aspects of the language of labor relations?
A. The right to work in French
B. Dismissal on the basis of langugae
C. Hiring on the basis of language
Discuss the right to work in French
Employees have the right to work in French (s. 4)
French must be used in:
- Written communications to staff (s. 41)
- Offers of employment and promotion (s. 41)
- Offers of employment published in a newspaper in another language must be simultaneously published in French (s. 42)
- Collective agreements (s. 43)
- Written communications of employee associations to their members (s. 49)
Discuss dismissal on the basis on language
Employers are prohibited from dismissing, laying off, demoting or transferring an employee for the sole reason that:
- The employee is only French-speaking
- The employee has insufficient knowledge of another language
- The employee has demanded that a right arising from Ch. VI of the CFL be respected (protection from reprisals)
Read about the Hébert v Sodema Inc case (dismissal on the basis of language)
- A unilingual francophone call center worker was laid off just as the company was hiring several bilingual call center workers
- An important client had just taken its business away from the call center, significantly reducing the volume of French calls
- There was a simultaneous increase in English calls
- The employer resorted to temporary lay offs to unilingual francophone employees
Did the employer respect s. 45 of the CFL?
- The fact that the employee is a unilingual francophone, laid off just as bilingual employees were hired, creates a presumption
- The employer must show that the fact that the employee is a unilingual francophone is not the sole reason of the lay-off and that there is another, serious reason for the lay-off.
- Here, the reason for the lay-off was in fact the change in the volume of French calls and English calls
(Rf. Hébert c Sodema inc, 2010 QCCRT 92)
Read about the Bektashi case (dismissal on the basis of language)
- A daycare worker receives instructions from a parent to speak to his child only in English
- The daycare worker raises this with her manager, who instructs her to speak to the children of the group in both languages
- There follows heated exchanges between the worker and her manager about the use of English in activities, following which the daycare worker is fired
Did the employer respect s. 45 of the CFL?
- The CFL does not cover all situations that arise in a workplace
- The CFL requires the use of French in specific situations (written communications, offers of employment, etc.)
- The use of English and French with children in a daycare program is not a situation captured by Ch VI of the CFL
- In this case, the employee had not “demanded that a right arising from Ch. VI of the CFL be respected”
(Rf. Bekteshi et Garderie la famille Tweety, 2013 QCCRT 147)
Discuss hiring on the basis on language
- An employer is prohibited from requiring the candidates for a position to have knowledge or specific knowledge of another language “unless the nature of the duties requires such knowledge” (s. 46)
- Section 46 requires more than a mere advantage to knowing another language – the employer must show that knowledge of the other language is important or necessary based on the real needs of the business
Read about the Pouliot case (hiring on the basis on language)
- A building maintenance worker applied for a position in small hotel
- The hotel owners speak Punjabi and English, and the clientèle is 40% English-speaking
- During the interview, he is asked whether he speaks English, and he objects to the question
- The position is reposted with a requirement to speak English and the candidate made a complaint
Did the employer respect s. 46 of the CFL?
- The maintenance worker was only occasionally required to communicate with clients
- The requirement to speak English was not reasonably necessary for the position
- The complaint was determined to be well-founded, and the employer was ordered to pay $1000 in moral damages and $2000 in punitive damages
[Rf. Pouliot c Quality Inn & Suites Lévis, 2010 QCCRT 592 (complaint), 2011 QCCRT 214 (remedy)]
Read about the Cossette case (hiring on the basis on language)
- Cossette was not hired as a security guard at the Casino de Montréal due to poor English proficiency
- The Casino seeks to cater to tourists and to compete with casinos outside Québec, and 13% of its clientele is English-speaking
- Cossette argued that she should not be denied her right to work in French just because the Casino was deliberately choosing to target tourists from outside Québec
Was the linguistic requirement reasonably necessary?
- The tasks of a security agent involve a significant component of communication with the public
- The Casino’s clientele and its marketing objectives can justify the use of linguistic requirements for its staff
- The linguistic requirement was not unreasonable or unjustified
(Rf. Cossette c. Société des Casinos du Québec inc., 2008 QCCRT 446)
What is the objective of the francization of enterprises?
The objective of Ch. V of the CFL is to “generalize the use of French at all levels of enterprises”
There are different requirements for:
- Enterprises of 100 employees or more
- Enterprises of 50 employees or more
- Enterprises of less than 50 employees
Discuss the francization of a company with 100 or more employees
- Must form a “francization committee” of 6 or more people (s.136)
- The francization committee analyzes the language situation in the company and reports to the OQLF
- If the use of French is generalized at all levels of the company, the OQLF issues a “francization certificate” (s. 140)
- If the use of French is not generalized at all levels of the company, the OQLF can require that the company adopt a “francization program” (s. 140)
How is a Francization Program supposed to generalize the use of French?
Francization Program is intended to generalize the use of French by:
- Ensuring that management, professionals and other have knowledge of French
- Hiring employees with a good French speaking level
- Making French the language of work and internal communications
- Producing working documents in French
- Communicating with stakeholders in French
- Using French on public signs and advertising
What should Francization Programs take into account?
Francization Programs should take into account:
- Employees near retirement or with long records of service
- The particular case of head offices and research centers of enterprises from outside Quebec
- Enterprises that produce language content
- The line of business of the enterprise
Discuss the francization of a company with 50 or more employees
- Must register with the OQLF and transmit an analysis of its linguistic situation (s. 139)
- OQLF can either issue a francization certificate, require the implementation of a francization program or require the creation of a francization committee (s. 140)
