Senior managers
In Quebec, a senior manager is a member of staff who is part of the senior management team. They differ from the role of middle managers or executives in that they engage in strategic and policy decisions with actual decision- making authority.
A senior manager does not have the same status as a worker, and consequently cannot take advantage of the regulatory framework in the same manner.
In terms of labour standards, senior managers are eligible for:
- Retirement benefits;
- Measures against psychological harassment;
- Leave for family or parental obligations.
They are excluded from pay equity and occupational health and safety legislation.
Real estate brokers
Real estate brokers are considered self-employed works if they have no employees and perform activities related to those of their client (in this case, a real estate agency).
Trainees
There are several types of internships.
It may be a workplace observation period, work placement, teacher training period, refresher training period, etc.
In Quebec, trainees who meet certain conditions are protected by the Act to ensure the protection of trainees in the workplace.
It is important to note is that a workplace training period must be paid for the trainee to be considered a worker and therefore entitled to the protection of the CNESST, particularly in the event of an accident or occupational disease occurring during the training period.
Trainees also benefit from several rights, including short-term absences or leave for events that may occur during their training period. They are also protected against psychological or sexual harassment in the workplace.
There are, however, specific aspects to the protection offered to trainees, in terms of both labour standards and pay equity.
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Training periods for international students
The training period is considered work. Consequently, immigrants with a temporary status must obtain a work permit in order to undertake their training period.
- For students following a course in Quebec that includes a training period, a co-op work permit is required. This permit is in addition to, but does not replace, the study permit.
- International students whose home institution is outside Canada and who come to Quebec solely to complete their training period must obtain a work permit through the International Co-op Program of International Experience Canada.
Conditions apply.
Volunteers
The CNESST defines volunteers as “individuals who perform tasks voluntarily and without pay for an employer, an organization or a responsible authority (a municipality, RCM or ministry)”.
By definition, volunteers do not receive a salary, which distinguishes them from a worker. As a result, they are not covered by labour standards or pay equity legislation.
In terms of occupational health and safety, protection for volunteers is possible, but not automatic. To be effective in the event of an occupational disease or work accident, the employer must request protection for volunteer workers – but they are under no obligation to do so.
However, both volunteers and employers have responsibilities. In particular, the latter must take measures to ensure the health and safety of volunteers.
Young workers
In Quebec, the minimum legal working age is 14.
While exceptions may apply for young people at this age limit, youth work is generally subject to stricter and more restrictive rules than other jobs.
Young people under 14 years of age: The list of jobs that may be held by a young person under 14 years of age is precisely defined and regulated by law.
List of jobs that may be held by a young person under 14 years
- Creator or performer in a field of artistic endeavour,
- Babysitter,
- Homework assistance or tutoring,
- Job in a family enterprise (under certain conditions),
- Job in a social or community non-profit organization (under certain conditions),
- Job in a farming business (under certain conditions).
Special conditions apply if the job involves light manual labour.
In all cases, written consent from a parent or legal guardian is required and must be sent to the employer.
Young people aged 14 years and over: Young people aged 14 and over, in employment, are considered workers in their own right. As such, they have the same rights and obligations with respect to their work, and are protected in the event of a work accident or occupational disease.
Youth employment and school attendance: In Quebec, school is compulsory until the last day of the school year when the young person turns 16 years, or, if under 16 years of age, until June 30 of the year in which they obtain their Secondary 5 diploma. For more information on flexible work schedules during the school year: For all information on arranging work schedules during the school term :
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Eligibility of dependent children for an Open Work Permit (OWP)
In principle, a dependent child accompanying a temporary foreign worker or international student is not eligible for an open work permit (OWP), as a spouse or common-law partner may be (under certain conditions). They must therefore obtain their own work permit, in accordance with the regulations in force.
In certain cases, dependent children may still be entitled to a family OWP.
Workers who are not covered
Some workers are wholly or partially excluded from the Act respecting labour standards.
Others will not be covered by the Pay Equity Act, such as workers of businesses with fewer than 10 workers, certain students, police and firefighters, or senior managers. They are also excluded from the Occupational Health and Safety Act.
Broadly speaking, it is also important to consider groups of individuals who are only partially covered by the basic regulatory framework, particularly the following categories of workers:
- From the civil service;
- Subject to a collective agreement.
