Class 8 Flashcards
What is the ALS (act respecting labour standards)
Product of national assembly adopted in 1979, it sets up minimum employment conditions. Meant to correct for power imbalances between employers and employees
Who does the ALS apply to?
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
Who is excluded + what type of exclusion?
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
Who qualifies as a senior manager?
Their hierarchical level in the org
Report to president, BoD
Level of decisions
Level of autonomy
Manages other personnel
What are the rules for minimum wage
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
What are the rules for pay
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
What are the rules for deductions
No deductions on wages unless law authorizes or employee consents
How long is the regular work week?
40 hours
What is overtime pay
150% regular wage or paid leave if requested by employee
What are work periods?
Deemed working by making yourself available
3 hr minimum call in pay
How long are work breaks
30 minutes unpaid for meals for every 5 hours of work (paid if you cant leave workstation)
How long is weekly rest?
32 consecutive hours of rest per week
What are the rules for work by children
14+ unless legal guardian consents
Childs work must not conflict with school hours
What are the statutory holidays?
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
What is the annual leave based on service
<1yr 1 day per month
1 yr 2 weeks + 1 week unpaid upon request
3 years is 3 weeks
Rules on sick leave
Can miss 26 weeks in 12 months
Be re-integrated into post or comparable post
Rules on personal leave
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
Rules for notice of termination
<1 yr (more than 3 months) - 1 week
1 - 5 years - 2 weeks
5 - 10 - 4 weeks
10+ - 8 weeks
When do the rules of termination not apply?
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
What is good and sufficient cause
Financial health, restructuring, employee shortcomings (related to responsibilities)
What are the conditions of recourse against dismissal for good and sufficient cause
- 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)
What are the board powers if there’s dismissal not for good and sufficient cause
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
What are prohibited practices
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)
