Do you know, as an employer, the minimum standards applicable and the extent of your obligations under the Act respecting labor standards (the “LNT”) and its regulations? This quiz aims to test your knowledge of the minimum protections offered to employees in Quebec, the resulting remedies, as well as certain little-known exceptions. The ideal opportunity to demystify certain common beliefs…
Please note: Some of the standards covered in this quiz may, in accordance with the provisions of the LNT, be subject to exemptions, in particular by collective agreement. However, several retain an imperative character. It is up to each employer to verify, on a case-by-case basis, whether a standard can be waived and under what conditions.
Good luck!
If, during the course of a year, an employee is absent for 5 consecutive days claiming to have to take care of their sick child, the employer may require a medical certificate as supporting document.
FALSE
Since January 1, 2025, article 79.7 LNT expressly prohibits the employer from requiring a medical certificate to justify the first ten (10) days of absences during a year related to parental or family obligations.
This modification was introduced by Bill 68 (“PL-68”), aimed at reducing the administrative burden on doctors.
However, the employer retains the right to require any other type of supporting documents if the circumstances justify it, particularly taking into account the duration of the absence. For example, a certificate of absence issued by the child’s school could constitute such a supporting document.
Among the consequences that may arise from the reception by the Administrative Labor Tribunal (the “TAT”) of a complaint for dismissal without just and sufficient cause of an employee with more than two years of service, includes reinstatement in their position.
TRUE
Reinstatement remains, with some exceptions, the usual remedy.
The employee may also be compensated for their loss of salary between the time of dismissal and the TAT’s decision ordering reinstatement. The TAT may also award moral damages if the dismissal was unfair, in particular.
An employer who carries out an administrative restructuring cannot terminate the employment of an employee during their parental leave, because they must wait for their return to work.
FALSE
The employer does not have to wait for the return to proceed. The LNT prohibits dismissal motivated by parental leave, but it does not prevent dismissal during this period for a legitimate reason, such as a real restructuring carried out on the basis of objective criteria.
Persons occupying a senior management position are entirely excluded from the application of the LNT.
FALSE
People occupying a senior management position are actually not covered by the majority of the standards provided for by the LNT (e.g. those concerning working hours or overtime). However, certain provisions continue to apply to them, as set out in article 3(6), in particular those relating to forced retirement, psychological harassment and leave for family or parental obligations.
These people also benefit from the remedies provided to assert these rights.
If the employee requests leave to participate in a religious festival, the employer must grant it and pay for the leave in accordance with the LNT.
FALSE, but a nuance is necessary.
The employer has a duty to accommodate when it comes to religious matters, which is provided for in the Charter of Human Rights and Freedoms. He should therefore grant leave unless it constitutes undue hardship.
However, this leave does not necessarily have to be paid unless the employee uses a paid vacation day.
The employer is entitled, under the LNT, to unilaterally determine the vacation period for its employees.
TRUE
A popular belief is that employees can freely choose their vacation dates, provided they request them early enough. In reality, and even if several employers allow it in practice, the LNT provides that it is the employer who determines the period for taking vacation.
However, employees must be informed of the dates set by the employer at least 4 weeks in advance.
An employee who does not wish to take vacation, because they have nothing planned for this occasion, can request to receive the amount of their annual leave compensation rather than taking it during the day.
FALSE
Vacation must be taken on time, with certain exceptions provided for by the LNT. The employee’s sole desire not to take vacation is not one of the exceptions.
The employer can require that overtime (those worked beyond 40 hours) be accumulated in a bank and taken into account rather than being paid.
FALSE
Payment for overtime (those over 40 hours) can be replaced by paid leave only if it is the employee who requests it. In other words, the employer cannot impose it.
However, it is important to distinguish between hours worked in addition to the hours stipulated in the employment contract but below 40 hours (for example between 35 hours and 40 hours), which do not constitute overtime within the meaning of the LNT.
After five (5) consecutive hours of work, the employer has the obligation to pay for the employee’s meal period.
FALSE, but a nuance is necessary.
The employer is not required to pay for the meal period, unless the employee is not authorized to leave their workstation during this period.
During the school year, the employer cannot have a child over 14 work from Monday to Friday for more than 10 hours per week.
TRUE
The total is brought to 5 p.m. if we include Saturday and Sunday.
However, these prohibitions do not apply to any period of more than seven (7) consecutive days during which no educational service is offered to the child.
These obligations arising from the Act respecting the supervision of child labor have been in force since September 1, 2023.
A child under 14 years old can work as a packer in a large grocery store with the authorization of his parents, if he is under the constant supervision of a person over 18 years old.
FALSE
This situation is not one of the exceptions provided for in section 35.0.3 of the Regulation respecting labor standards allowing the work of a child under 14 years of age.
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This is what ends our True or False quiz? Edition Act respecting labor standards and its regulations. We hope that these details will be useful to you in managing your obligations as an employer. See you soon for the next edition!
