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Quebec

Public holiday reminders for the 2015-16 holiday season

The holiday season is often the happiest time of the year, because of time spent with family, gifts and many other things. However, it can also be the most stressful time of the year, especially at work. Deadlines are often tight because of shifting schedules, customers and workloads can be more demanding, and there may be pressure to increase performance to meet end-of-year business goals. Family demands, travel and employment standards public holiday (statutory holiday/general holiday) requirements can also take a toll. Management should not forget what employees are entitled to, and their responsibilities, under the law regarding time off during the holidays. Here is a brief summary:

 

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The restructuring of Quebec’s multi-employer pension plans

On February 18, 2015, the Government of Quebec introduced Bill 34, An Act to amend the Supplemental Pension Plans Act with respect to the funding and restructuring of certain multi-employer pension plans. By doing so, the Government of Quebec continues to show its commitment to tackling pension plan funding, which began when it commissioned the D’Amours report.

 

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La limite territoriale est toujours nécessaire pour une clause de non-concurrence

Comme nous l’avons mentionné à quelques reprises, l’absence de limitation territoriale n’est pas fatale à une clause de non-sollicitation dans la mesure où la clientèle dont la sollicitation est prohibée est identifiée ou identifiable.

 

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A financial analyst, if a “manager”, is not entitled to overtime in Quebec

The Court of Appeal of Quebec recently considered, in the Skiba v. Playground[1] decision, the issue of overtime pay and, in particular, the correct interpretation of sections 54 and 55 of the Act respecting labour standards. In our opinion, this decision will have certain repercussions in the workplace, and we find it useful to review the factual background giving rise to those repercussions, as well as the conclusions of both the Superior Court and the Court of Appeal.

 

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The Wal-Mart saga: one more chapter

On June 27th, the Supreme Court of Canada released a decision in the Wal-Mart saga that will have a major impact on employment law in Quebec.

 

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Slaw: Quebec bill would require small farms to collectively bargain

Quebec’s new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.

 

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Quebec Superior Court invalidates certain provisions of the Pay Equity Act

A coalition of unions led by the Fédération interprofessionnelle de la santé du Québec (FIQ) has won a court challenge against certain provisions of the 2009 reform of Quebec’s Pay Equity Act. The provisions in question require…

 

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Slaw: Quebec Calls for corrections to the 2012 federal Employment Insurance reforms

On November 27, 2013, Quebec’s National Employment Insurance Review Commission released its report regarding the impact of the federal government’s 2012 changes to the Employment Insurance (EI) program. The report makes 30 recommendations, with three key recommendations calling for the provincial and federal governments to negotiate an agreement giving Quebec the power to manage its own EI system to meet the needs of the province’s labour market.

 

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St-Jean Baptiste Day/National Holiday, a public holiday in Quebec

In Quebec, June 24 is la Fête nationale, the province’s official holiday and celebration of French Canadian culture. The festivities occur on June 23 and 24, and since 1978 are publicly financed and organized by the National Holiday Organizing Committee.

 

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Slaw: Does Quebec’s French language policy really need revitalizing?

The CSLF acknowledges that the labour market has changed (e.g., due to the globalization of markets, new information technologies and increased immigration) and that knowledge of a language other than French—usually English—is an essential requirement for many jobs in several sectors. However, the CSLF believes that bilingualism cannot and must not become a systemic requirement in the world of work in Quebec, which has a key role to play in integrating newly arrived immigrants into Quebec society. Thus,…

 

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HRLaw: End of the year wrap up and other legislative changes effective January 1, 2013

Several changes to pension, employment standards, payroll and other legal requirements are coming into force January 1, 2013 or later. Below you will find brief summaries, listed by jurisdiction, of some of the important changes employers need to know about and prepare for: (The post is now updated and includes the new AODA Built environment requirements coming into force January 1, 2013).

 

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St-Jean Baptiste Day/National Holiday, a public holiday in Quebec

June 24 is Quebec’s official holiday and all employees in Quebec are entitled to the holiday. Public holiday pay for the holiday is equivalent to…

 

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Employee tips or other gratuities

splitting the tip

In general, restaurant and bar patrons are expected to leave a tip amounting to approximately 15 percent of their total bill when dining out or drinking. However, we do so without asking ourselves how the money will be divided among staff members. Well, it seems in Ontario, it is a common practice for restaurants to require servers to share their tips and gratuities with their managers and the owners.

 

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Slaw: Applicants excluded from hiring process when name identified with a racialized group

A recent Human Rights Commission study measures the extent of discriminatory hiring practices existing in Quebec.

 

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Québec and Ontario sales taxes on group employee benefits

Employee benefits are subject to provincial sales in both Ontario and Québec, at 8 and 9 percent respectively. These sales taxes only apply to coverage provided through group plans so, for example, term life insurance provided to just one individual is not subject to tax. These taxes are separate from the normal HST, GST or QST that apply in these provinces. These taxes apply to both employee and employer payments of premiums for the coverage or benefits supplied.

 

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