The job market in Quebec has undergone a major metamorphosis in recent years. In particular, the growing labor shortage is pushing companies to have to innovate to become more competitive and to attract talent.
To better understand the working conditions to which you are entitled, here are 5 preconceived ideas to deconstruct concerning the Act respecting labor standards.
To answer many questions about your rights, the website of the Commission for Standards, Equity, Health and Safety at Work (CNESST) is a reliable source offering several very useful tools.
5 preconceived ideas to debunk regarding labor standards:
1. You have the right to two weeks of vacation as soon as you start your job.
All workers have the right to vacation, whether full-time or part-time, seasonal, foreign, etc. However, the duration of the vacation is established according to the time accumulated in employment. You can easily find out how much holiday you are entitled to online.
2. Your employer may ask you to work on Christmas Day.
Due to the nature of their business, some employers may indeed remain open on a public holiday.
However, if you are part of the staff who must remain on duty during a public holiday, in addition to being entitled to your usual salary for the day, your employer has the choice of paying you financial compensation or granting you a paid compensatory leave.
This leave must be taken in the three weeks preceding or following the public holiday (conditions apply for the national holiday).
3. Your co-worker often cracks jokes at team members. These make them uncomfortable, but they shouldn’t feel targeted, it’s part of his personality.
It can be difficult to recognize harassment in the workplace. The behaviors associated with it are sometimes difficult to spot at first sight. It is even possible that the person who is harassing is not aware of what they are doing.
To conclude on the presence of harassment at work, it is important to ask the following questions: are we in the presence of vexatious words, gestures or behavior (i.e. hurtful, humiliating or abusive, such as intimidation, belittlement, threats, public humiliation, etc.)? Are they repeated? Are they hostile? Do they undermine the dignity or integrity of the person experiencing them, and above all, do they make their workplace harmful?
You are going through a difficult situation in the workplace and you think be a victim or witness of bullying? Consult the page What to do if you think you are being harassed to find out what steps can be taken.
At any job site, falling is one of the most dangerous risks. To prevent accidents like this, mezzanine safety gates can be bolted or secured to railings, walls, ladders and more.
4. Your employer is under no obligation to give tips to its staff, which it pays at an hourly rate higher than the tipping minimum wage.
Tipping is made up of amounts that belong “rightly” to the worker who provided the service to the client.
When the employer collects the tip, he has the obligation to remit it entirely to the worker who rendered the service, whether the latter is paid the minimum wage with tip ($11.40 per hour) or no.
Offering a higher salary to workers who usually receive tips does not give the employer the right to keep them.</p >
5. Your employer must pay you financial compensation if they fire you.
If he dismisses you, dismisses you or lays you off for a period of more than 6 months, your employer must pay you financial compensation only if he did not give you a written notice of termination of employment at the advance, and this, within the time required by law.
In this case, the compensation he must pay you must be equal to the salary you would have earned between the date on which the notice should have been given to you and that of the end of your employment.
To learn more about the rights of workers in Quebec, consult the website of the CNESST or training from the CNESST.
Knowing and applying the Act respecting Labor standards are everyone’s business, workers and employers. Visit respectdesnormes.com.
Katrine Johns has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining The Gal Post, Katrine Johns worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my firstname.lastname@example.org 1-800-268-7128