Class 8

Question 1

What is the ALS (act respecting labour standards)

Answer 1

Product of national assembly adopted in 1979, it sets up minimum employment conditions. Meant to correct for power imbalances between employers and employees

Question 2

Who does the ALS apply to?

Answer 2

to the employee regardless of where they work.

It also applies to the employee who performs work in both Qc and outside Qc for an employer who’s residence, domicile, undertaking, or office is in Qc

Question 3

Who is excluded + what type of exclusion?

Answer 3

Total exclusion and partial exclusion

Total exclusion: Self employed, Canadian armed forces, carrying out work for someone who doesn’t have residence in Qc, Workers in sectors governed by the Canadian Labour code (Federal)

Partial: Workers subject to the Construction Decree and senior managers. Basically they are only covered for harassment, retirement, family leave

Question 4

Who qualifies as a senior manager?

Answer 4

Their hierarchical level in the org
Report to president, BoD
Level of decisions
Level of autonomy
Manages other personnel

Question 5

What are the rules for minimum wage

Answer 5

Must be minimum or above
Benefits are not a part of the minimum wage
Applies to part time employees
Tips are not a part of minimum wage

Question 6

What are the rules for pay

Answer 6

Must be in a sealed envelope, by cheque, or by bank transfer

Max 16 day interval for pay, max 1month for first pay and for certain workers

Payment to a 3rd party is possible with written request

Question 7

What are the rules for deductions

Answer 7

No deductions on wages unless law authorizes or employee consents

Question 8

How long is the regular work week?

Answer 8

40 hours

Question 9

What is overtime pay

Answer 9

150% regular wage or paid leave if requested by employee

Question 10

What are work periods?

Answer 10

Deemed working by making yourself available

3 hr minimum call in pay

Question 11

How long are work breaks

Answer 11

30 minutes unpaid for meals for every 5 hours of work (paid if you cant leave workstation)

Question 12

How long is weekly rest?

Answer 12

32 consecutive hours of rest per week

Question 13

What are the rules for work by children

Answer 13

14+ unless legal guardian consents
Childs work must not conflict with school hours

Question 14

What are the statutory holidays?

Answer 14

Jan 1, Goodfriday or easter monday, Monday after May 25, July 1 (or second if the 1st is on a sunday), 1st monday of september, 2nd monday of october, dec 25

Question 15

What is the annual leave based on service

Answer 15

<1yr 1 day per month
1 yr 2 weeks + 1 week unpaid upon request
3 years is 3 weeks

Question 16

Rules on sick leave

Answer 16

Can miss 26 weeks in 12 months

Be re-integrated into post or comparable post

Question 17

Rules on personal leave

Answer 17

Family - 10 days unpaid
Marriage (own) - 1 day paid
Death - 2 days paid + 3 unpaid
Mat leave - 18 weeks unpaid
Pat leave - 5 weeks unpaid
Parental leave - 65 weeks unpaid

Question 18

Rules for notice of termination

Answer 18

<1 yr (more than 3 months) - 1 week
1 - 5 years - 2 weeks
5 - 10 - 4 weeks
10+ - 8 weeks

Question 19

When do the rules of termination not apply?

Answer 19

An employee who has less than 3 months of uninterrupted service

contract for a fixed term or specific untertaking expires

committed serious fault

End of the contract is due to superior force

Question 20

What is good and sufficient cause

Answer 20

Financial health, restructuring, employee shortcomings (related to responsibilities)

Question 21

What are the conditions of recourse against dismissal for good and sufficient cause

Answer 21

• 2 years of uninterrupted service at same place
• Up to 45 days after dismissal

Mediator (s. 125)
- Third party appointed to mandate

Labor board (s. 126-128)
- Case referred if mediator fails (s.126)
- Commission may represent employee (s. 126.1)
- Board powers (s.128)

Question 22

What are the board powers if there’s dismissal not for good and sufficient cause

Answer 22

They can reinstate employee
They can order the employer to pay up to the wage that the employee would have earned
Render any other decisions that the Tribunal believes fair and reasonable

Question 23

What are prohibited practices

Answer 23

From ALS: No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
- (1) on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
- (1.1) on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
- (2) on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
* Etc. (1 to 19 + 122.1. + 122.2)