Data relating to wages change over time. The data presented in this concept sheet is intended as a guide only. For up-to-date data, consult the following site: minimum wage in Quebec.
The work environment in Quebec has changed considerably over the years. In the 19th century, working conditions were difficult and dangerous. It was common for workers to toil away 15 hours a day in factories for low wages. Some women and children worked in these conditions and were exploited. Fortunately, governments have gradually passed various laws that ensure a better quality of life for workers.
When you start your first job, it is important to know the different rules that apply to your work environment and to know your rights and responsibilities.
There are laws that employers must follow to ensure minimum working conditions. Your employer may offer you more than that, providing fringe benefits. What are your new rights and responsibilities as a worker? To whom can you turn if you have a problem or a conflict? Let’s look at each point one by one.
The main laws that govern labour standards in Quebec are the Act Respecting Labour Standards and the Canada Labour Code. The purpose of these laws is to provide minimum working conditions, good labour relations between employers and employees, as well as a healthy and safe workplace.
In Quebec, most jobs must comply with the Act Respecting Labour Standards. Here are some provisions (elements) of this law.
| Minimum wage |
Standard rate of $12.50 per hour. |
|---|---|
| Hours of work |
Standard work week of 40 hours. Hours worked over 40 hours must be paid at 150% of regular pay. This is often referred to as “working time and a half.” |
| Statutory holidays (days on which employees do not work, but are still paid) |
Right to have time off on the following eight holidays:
People who work on these holidays are entitled to compensation or time off in exchange, in addition to their wages for the hours worked. |
| Training and probationary period |
Training hours and the probationary period must be paid. |
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Work clothes |
If a person is paid minimum wage and must wear special clothing for work, the clothes must be provided free of charge. |
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Paid vacation |
Eligibility for paid vacation is based on the length of time since being hired:
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Child and youth work |
Written parental permission is required to hire a child under the age of 14. |
Compensation is money paid to a worker for a particular situation. For example, when workers lose a job through no fault of their own, they receive compensation.
The law also sets out other provisions, such as breaks, sick leave and family-related absences. Find out more on the Act Respecting Labour Standards page.
Note that some occupations are not subject to these standards, such as volunteer work, babysitting, work in non-profit day camps and work done by students as part of a school’s work experience program.
Some workers in Quebec are governed by the Canada Labour Code. This includes people who work for the federal government, for banks, for telecommunications companies and in interprovincial transportation, as well as self-employed workers, or people in the armed forces.
The provisions of this law are very similar to those of the Act Respecting Labour Standards. For example, a standard work week is also set at 40 hours. However, there are some differences. For instance, the minimum wage is set according to each province’s standards, with somewhat different public holidays.
There can be various types of compensation, monetary or not, to help attract and retain company employees. Here are some examples:
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pay above minimum wage
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bonuses
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group insurance
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35-hour work week
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flexible work schedule
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option to telecommute
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four weeks of vacation after 12 months of service
Group insurance is a grouping of multiple employees to obtain coverage from an insurance company at a better price. This coverage can include dental care, health care, prescription drugs, vision care and more.
Workers are also protected by the Charter of Human Rights and Freedoms. This charter guarantees non-discrimination in hiring, probation and termination conditions. Here are some of the sections of this law that affect workers:
Section 10. “Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.
Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.”
Section 16. “No one may practise discrimination in respect of the hiring, apprenticeship, duration of the probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal or conditions of employment of a person or in the establishment of categories or classes of employment.”
Section 18. “No employment bureau may practise discrimination in respect of the reception, classification or processing of a job application or in any document intended for submitting an application to a prospective employer.”
To find out more about the Charter, click here.
Despite all the sections in the Charter of Rights and Freedoms designed to protect people’s rights, many people continue to experience discrimination in the workplace, either during hiring or on the job. In fact, more than 50% of the complaints received by the Commission des droits de la personne et des droits de la jeunesse were related to discrimination in the workplace. Most of these cases involved people with disabilities or racialized individuals, meaning people from ethnic or cultural minorities.
Working is more than just getting paid for a job done. There is an entire relationship between an employer and employee. The following table summarizes the rights and responsibilities of workers.
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Their rights: |
Their responsibilities: |
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Employers must:
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The duty of loyalty means being honest and acting in the best interests of your employer. You cannot harm the company’s reputation or its business. This means you need to be careful about what you say about your employer, especially on social media. You also cannot use company resources for your own personal needs. You might have access to a printer, for example, but that does not mean you can use it to print off your term paper.
The duty of discretion means respecting the confidentiality of your employer during—and even after—your employment. When you work for a company, you have access to certain private information. It is forbidden to pass on trade secrets, financial data and personal customer information.
In Quebec, labour rules are primarily enforced by the following two agencies: the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) and the Tribunal administratif du travail (TAT).
The CNESST is responsible for enforcing the following three laws:
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The Act Respecting Labour Standards
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The Act Respecting Occupational Health and Safety
This means, the CNESST:
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supports employers, workers and associations;
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receives, evaluates and processes complaints filed in relation to the laws that concern it;
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offers mediation services and represents employees in court;
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promotes good workplace practices;
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conducts information, awareness, prevention and training activities.
Here’s a video that sums up the CNESST’s mandate.
La CNESST, votre porte d’entrée unique en matière de travail
The CNESST has a specific mandate for occupational health and safety. In 2015, there were an average of 224 people injured at work every day in Quebec. Most of these accidents occur in the weeks after an employee is hired. It is important to look out for yourself when you start a new job and to ask questions if you think your safety is at risk. You can always take precautions. In the event of a work-related injury or illness, the CNESST administers a public insurance plan that compensates individuals.
A section of the CNESST’s website is dedicated to providing information on working conditions.
Here is a series of videos produced by the Commission in which young people share some of their first experiences on the job market:
The TAT is a tribunal of the Quebec government. It deals with recourse related to:
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labour relations
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employment protection
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essential services
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the construction industry
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occupational qualifications for certain trades
For labour relations, the TAT deals with disputes, which may take the form of legal proceedings. The tribunal favours out-of-court settlements and conciliation through an arbitrator.
On June 17, 2020, orderlies working in an assisted living residence of the Chartwell group sent a strike notice to the Tribunal administratif du travail. They were protesting the outcome of negotiations between the union and the employers. The TAT ruled that essential services must be maintained during the strike: employees who provide patient care could not stop working. Food service workers could strike for 20% of their working hours. On July 10, 2020, these orderlies went on an unlimited general strike to have their demands heard.
A union is an association that brings together workers from the same company or professional environment. The purpose of this association is to increase the bargaining power of employees in their dealings with employers. The union represents employees vis-à-vis the employer.
In Quebec, nearly 40% of workers are unionized. For these people, unions such as the Fédération des travailleurs et travailleuses du Québec (FTQ), the Confédération des syndicats nationaux (CSN), the Centrale des syndicats démocratiques (CSD) and the Centrale des syndicats du Québec (CSQ) negotiate their working conditions (workload, salary, fringe benefits, etc.) within the framework of a collective agreement.
A collective agreement is an agreement negotiated between the employer and a union to determine the employees’ working conditions and fringe benefits.
The negotiation of this agreement may or may not be harmonious. When not, pressure tactics can be used and possibly lead to a strike or lockout. A strike is when workers stop working for a certain period of time. A lockout is when workers are prevented from working.
Once adopted, this agreement has legal value, and the union is mandated to ensure its application. If some of the rights agreed to are not respected, the union files a formal complaint called a grievance.