A practical guide to Quebec’s labour laws

In Quebec, work is governed by the Quebec Labour Code. This document lays out rules for employers regarding the basic working conditions they must provide for their employees. Simply put, it specifies the core guidelines to be followed regarding salary, work hours, vacation time, absences, and termination.

The working world looks different in every country – there’s so much to learn depending on where you are! It’s therefore very important for you to know your rights so you can reach your full potential at your new job.

Salary

You have a right to earn minimum wage no matter your role or employer, even if you’re only working a few hours per week, earning commission, or undergoing training. 

Each year, the Quebec government determines the current rate for minimum wage.

In Quebec, your salary is paid out at a regular interval that cannot exceed 16 days. Each employee must receive a pay slip that details all of the information required to calculate their compensation.

Tips

If your role earns tips, be aware that any tips you receive belong to you in their entirety, whether or not they are paid to you directly. Your employer is legally obligated to pay you the entire tip amount, without deducting any administrative fees that may be incurred. They are also required to pay you minimum wage!

Some workplaces have tip-sharing policies in place. Make sure to get informed about the tipping structure upon your arrival at the company.

Work hours

The typical workweek in Quebec is 40 hours long, but many employers also operate between 35 and 39 hours per week. The number of hours you are required to fulfil every week must be explicitly stated in your employment contract.

Your work hours include breaks (even coffee breaks!) and any time you spend waiting for a task to be assigned to you. The only time you are “off the clock” is lunchtime, except when you work through your lunch break.

You may occasionally be asked to work more hours than you do in a typical week. In these cases, your employer will have to pay you for any overtime, provided that the additional time was approved in advance. Overtime is subject to a 50% markup (time and a half) based on your regular wage, not including bonuses.

If requested, your employer can also put your overtime hours towards an equivalent amount of vacation days instead of paying you for your time directly.

Did you know you are allowed to refuse overtime hours if you need to care for your child or a loved one? The CNESST website covers the legal stipulations in detail.

Statutory holidays in Quebec

The province has 8 statutory holidays that apply to the vast majority of salaried employees:

• January 1 (new year’s day)
• Good Friday or Easter Monday – employer’s choice
• The Monday before May 25 (National Patriots’ Day)
• June 24 – or, if this date falls on a Sunday, June 25 (St. Jean Baptiste Day in Quebec)
• July 1 – or, of this date falls on a Sunday, July 2 (Canada Day)
• The first Monday in September (Labour Day)
• The second Monday in October (Thanksgiving)
• December 25 (Christmas Day)

These holidays are paid days off, except for employees who were absent without authorization on the day before or after the holiday.

If you are required to work on a statutory holiday, you have the right, in addition to your regular compensation, to a replacement day off in the three weeks before or after the holiday.

Vacation

The number of vacation days you are entitled to is calculated based on your reference year, which starts May 1 and ends April 30 the following year. The total length of your vacation will depend on your seniority.

If you have been in your current role for less than a year, you will earn 1 vacation day per month of service, up to a maximum of 2 weeks. Starting after your first full year and up until your third year, you have the right to 2 weeks of vacation. At 3 years or more, you are entitled to 3 weeks.

Certain companies take a different approach and will offer you more vacation time as early as your first year. The company’s policy should be clearly stated in your employment contract.

Sick days or time off

In addition to vacation days, you are entitled to 2 paid absent days per year. You might choose to use them if you’re sick or have a family obligation.

Termination

If an employer decides to terminate a contract that ties them to a salaried employee, they are obligated to provide written notice. The amount of prior notice required will depend on how long the individual was employed.

The first three months of a job are considered to be a trial period, so the employer is not required to give notice. The law requires 1 week of notice after 1 year of continuous employment, 2 weeks for between 1 and 5 years, 4 weeks for between 5 and 10 years, and 8 weeks after 10 years.

No matter the situation, the employer must pay the dismissed employee an indemnity for any remaining vacation days that have not been spent, as well as an indemnity of 4-6% of the employee’s gross salary earned during the reference year.

If you lose your job, you may be eligible for employment insurance provided by the federal government.

French language laws at work

As Quebec’s official language, French is commonplace at most Quebec companies. For those that also use English, which is often the case when conducting international business, article 4 in the Charter of the French Language stipulates that workers have the right to conduct their professional lives in French.

We strongly encourage you to keep working on your French not only because it will improve your personal life, but also because it’s important at work! Check the PROMIS event calendar often to attend one of our information sessions and take a free French course tailored to your proficiency level.

Filing a claim with the CNESST

If you experience wrongful termination, poor working conditions, or if you have either experienced or witnessed harassment at work, you can contact the CNESST’s complaints and recourses department.

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) will be able to advise you on the steps required to begin an investigation and compensate you if applicable.

If you have any questions about your rights, our team is here to help! Book an appointment with an advisor at no cost to you, either in-person or virtually.