Surviving Probation: What Every Employee in Quebec Needs to Know

Contrary to what one might think, this phase is crucial and offers you more rights as an employee in Quebec than you might realize. Understanding these rights now could make all the difference for your professional future.

Instead of letting uncertainty take over, discover what every employee in Quebec needs to know to approach this crucial period with confidence. The rules around probation are clear, and proper preparation can help you navigate this decisive stage of your career smoothly.

1. The Nature of the Probationary Period in Quebec

The probationary period allows the employer to assess an employee's ability to fulfill the duties for which they were hired. However, this period does not give the employer carte blanche to dismiss the employee without adhering to certain principles of fairness and equity. Recent jurisprudence shows that Quebec courts expect the employer to act in good faith and give the employee a reasonable chance to succeed.

2. Acting in Good Faith During the Probationary Period in Quebec

Acting in good faith is both a legal and moral obligation that applies to both employers and employees during the probationary period in Quebec. In Quebec law, this concept is essential to ensure that employment relationships are conducted fairly and equitably.

What This Means for the Employer

• Providing Clear Expectations: The employee must know exactly what is expected of them during the probationary period. This includes the objectives to be achieved, the skills to be demonstrated, and the behaviors to be adopted.

• Offering Adequate Support: The employer must provide the employee with the means to succeed, whether through training, advice, or regular feedback on their performance. If shortcomings are identified, the employer must offer a reasonable opportunity to correct them.

• Avoiding Arbitrariness: Decisions to terminate employment must be based on objective and verifiable criteria, not personal or discriminatory reasons.

  
  

What This Means for the Employee

• Exercising Diligence: The employee on probation must strive to meet the employer's expectations and demonstrate their competencies within the scope of the position.

• Communicating Effectively: If the employee encounters difficulties, it is their responsibility to inform the employer to seek solutions, rather than allowing the situation to deteriorate without intervention.

• Adhering to Company Policies: The employee must adhere to company standards regarding behavior, punctuality, and ethics, while actively participating in their integration into the team.

  
  

Concrete Example: When the Employee Wins

A Quebec service company employee recently successfully contested their dismissal during the probationary period. The employee had been hired without the employer providing clear directives or appropriate training. For two months, they worked without adequate supervision, receiving little feedback and no specific warnings.

When the employer decided to dismiss them for "lack of competence," the employee challenged this decision, arguing that the employer had not fulfilled their obligation of good faith. The court ruled in favor of the employee, highlighting that the employer had not clearly defined expectations or provided sufficient support to enable the employee to succeed. The court concluded that the dismissal was abusive and ordered the employer to compensate the employee.

This example demonstrates that even during the probationary period, employees in Quebec have important rights that must be respected by the employer.

3. Fair Evaluation and Clear Criteria During the Probationary Period

To justify a termination during the probationary period, the employer must demonstrate that they provided clear expectations and objective feedback to the employee. For example, a Federal Court decision upheld the dismissal of a probationary employee who failed to meet specific requirements despite support and warnings.

4. Obligation to Provide Notice or Compensation During the Probationary Period

Even during the probationary period, an employer may be required to provide notice or compensation in the event of unjustified dismissal. For example, an employee who has made reasonable efforts to meet expectations but is nevertheless dismissed could be entitled to compensation. In some cases, courts have awarded compensation even for very short periods of service, illustrating the importance of fair evaluation.

5. Limits of the Probationary Period in Quebec

The probationary period must not exceed a reasonable duration. In Quebec, a standard period is generally three months, but this may vary depending on collective agreements or specific contracts. An excessively long probationary period could be challenged as abusive.

Conclusion

The probationary period is a crucial stage that requires special attention from both employers and employees. Knowing your rights and obligations during this period can make all the difference between a successful transition and a potentially costly conflict. However, it is important to note that this article does not replace legal advice. Since every situation is unique, it is recommended to consult a lawyer or labor law expert for advice specific to your cas