The Act respecting labour standards
There are a number of laws governing work in Quebec, defining the rules governing employment relationships and providing protective mechanisms against abuse, accidents and other unforeseen events that may arise. A foundational body of three key statutes governs and protects employment relationships in Quebec. They concern standards, pay equity and occupational health and safety.
The Act respecting labour standards (ALS) sets out the minimum working conditions to which all employers and workers in Quebec must adhere, including immigrant and temporary foreign workers.
The ALS is at the heart of employment relationships in Quebec. It aims to foster a respectful working environment, based on standardized employment practices across all economic sectors.
Its scope is broad, and covers issues such as:
- Wages, in particular the minimum wage;
- Work schedule, including a limit on the number of hours worked;
- Paid leave and absences;
- Termination of employment, in particular the matter of compensation;
- Psychological or sexual harassment in the workplace.
It also provides recourse mechanisms when these rights are violated.
The Pay Equity Act
The Pay Equity Act (PEA) seeks to eradicate gender-based wage discrimination, particularly against women employed in traditionally female jobs, including immigrant female workers. It applies to all private-sector businesses with 10 or more workers.
The PEA covers all workers, unionized or not, regardless of immigration status, and employment type (full-time, part-time, permanent, temporary, seasonal, etc.).
The Act’s principal objectives include:
- Guaranteeing equal pay for typically female and typically male jobs of equivalent value;
- Combating systemic discrimination, by addressing historical inequalities through;
- Assessing and comparing jobs using objective criteria, such as qualifications, levels of responsibility, effort and working conditions;
- Holding employers accountable in enterprises with an average of 10 or more workers by requiring them to complete a pay equity exercise to be submitted to the CNESST (with additional obligations for businesses employing fifty or more workers);
- Promoting gender equality in the workplace.
The PEA plays a particularly vital role for immigrant women employed in vulnerable sectors they may traditionally occupy, such as housekeeping, catering and health care.
Conversely, TFWs employed under precarious conditions and subject to different regulations may be marginalized, or even excluded, from pay equity, particularly in sectors such as agriculture and domestic work.
Businesses with at least ten workers in the public and private sectors under federal jurisdiction are covered by the Canadian Pay Equity Act. This includes, for instance, transport businesses, telecommunications and broadcasting businesses, banks, as well as the post office.
Act respecting occupational health and safety
The Act respecting occupational health and safety (AROH) aims to prevent work accidents and occupational diseases, with the goal of creating safe and healthy workplaces.
The AROH applies to all workers, regardless of immigration status or the industry in which they are employed.
Its main objectives are to:
- Safeguard workers’ physical and psychological health, including mental well-being;
- Prevent hazards in the workplace;
- Provide avenues for recourse and compensation for workers who are victims of work accidents, as covered by the Act respecting industrial accidents and occupational diseases.
The AROH also aims to make workers accountable, who must actively participate in identifying risks and ensuring compliance with business safety rules, as well as employers. The latter must adequately inform workers of the risks associated with their work, and provide them with the appropriate training, instruction and supervision to enable them to perform their duties safely.
