Labour Law: What Your Employer May Not Want You to Know

In the workplace, many employees are unaware of some of their most essential rights, which can place them at a disadvantage. However, knowing these protections is crucial to navigating the professional environment confidently. Whether you're a part-time worker, have a variable schedule, or have been in your position for years, it’s important to understand what the Quebec law guarantees for you. This article highlights some lesser-known yet fundamental rights that your employer might prefer you didn’t know.

Understanding your rights as an employee in Quebec is crucial for navigating the workplace confidently. Quebec's labour laws provide various protections that ensure fair treatment at work, from overtime pay to schedule changes. In this article, we'll explore 5 essential employee rights that every worker in Quebec should be aware of.

1. Right to Know Your Work Schedule in Advance 

Quebec's labour law protects employees by ensuring they receive their work schedule in advance. Sudden or last-minute changes can be disruptive, and courts have recognized that frequent changes can be abusive. In the Roberge v. CNESST (2010) case, the court ruled that failing to provide adequate notice for schedule changes harmed employees' personal lives. The CNESST recommends at least one week’s notice for shift changes.

2. Right to Refuse Significant Changes in Job Duties Without Consent 

One of the key protections in Quebec's labour law is the right to refuse substantial changes to your job duties without consent. In the St-Hilaire v. Nexxlink Inc., 2005 QCCA 1470 case, the court ruled that making significant alterations to an employee’s responsibilities, without agreement, constituted a constructive dismissal. This means that employers cannot impose major changes to your role without your approval.

3. Right to Overtime Pay 

Employees who work more than 40 hours a week are entitled to overtime pay under Quebec's labour law. This compensation must be paid at 1.5 times the regular wage rate. For example, in Filion v. Centre de Réadaptation L'Espoir (2011), the court ruled in favor of an employee who worked overtime due to the workload imposed, even though the employer did not explicitly request it.

4. Right to Family Leave for Personal Responsibilities 

Employees in Quebec are entitled to 10 days of unpaid family leave each year to handle personal or family obligations, such as caring for a sick relative. Under Quebec’s labour law, an employer cannot retaliate against you for taking this leave. The court in CNESST v. Ville de Laval (2015) confirmed that absences for family responsibilities, even if unpaid, are protected by law.

5. Right to Reasonable Notice for Dismissal (H2)

If an employer dismisses an employee without cause, Quebec’s labour law mandates that the employer must provide reasonable notice or pay in lieu of notice. In the case of Farber v. Royal Trust Co., [1997] 1 SCR 846, the court determined that an employee dismissed without sufficient notice was entitled to compensation. The length of notice depends on the employee’s role, length of service, and other relevant factors.

Quebec’s labour laws are designed to protect employees and ensure fair treatment in the workplace. Whether it's guaranteeing overtime pay, providing reasonable notice for dismissal, or safeguarding against significant changes in job duties, these legal protections are essential for all workers. Make sure you're aware of your rights and use them to your advantage in the workplace.