In Quebec, most violations of labour standards don't stem from bad intentions but from a lack of knowledge of the law. Yet the CNESST makes no distinction: a calculation or procedural error can lead to significant wage claims and tarnish your reputation as an employer.
Here are the most common pitfalls and, above all, how to avoid them:
1. Creative overtime calculations
This is the number one mistake. In Quebec, the standard workweek is 40 hours.
- The rule: Every hour worked beyond the 40th must be paid at time and a half (1.5).
- The trap: Many employers wrongly believe they can “average” hours over two weeks (e.g. working 45 hours one week and 35 the next without paying a premium). This is illegal unless you have a signed, compliant averaging agreement.
- Tip: Make sure your payroll system clearly separates regular hours from weekly overtime hours.
2. Leave and absences: the law has a heart (and so should you)
Family obligations and illness aren't optional for employees, and respecting them isn't optional for you. The Act respecting labour standards provides for:
- 10 days per year for family or parental obligations.
- The first 2 days of absence (illness or family) must be paid if the employee has 3 months of continuous service.
- Warning: Penalizing an employee for taking legally protected leave is a direct route to a complaint with the Commission.
3. The probation period myth
This is where confusion often reigns. Many employers think they have “carte blanche” during the first 6 or 12 months.
- The reality: Although a contract may provide for probation, legal protection against dismissal “without good and sufficient cause” (section 124) kicks in after just 2 years of continuous service.
- However: As soon as an employee reaches 3 months of service, they're entitled to notice of termination (or pay in lieu) if they're let go without a serious reason. Don't confuse the right to dismiss with the obligation to pay!
4. Dismissal: the importance of notice (and of form)
Ending an employment relationship is delicate. In Quebec, notice of termination is graduated according to length of service:
- Less than 3 months: no legal notice.
- 3 months to 1 year: 1 week.
- 1 to 5 years: 2 weeks.
- 5 to 10 years: 4 weeks.
- 10 years or more: 8 weeks.
Important note: The Civil Code of Québec may require “reasonable” notice that is even longer than the CNESST minimums, depending on the employee's position and age.
An ounce of prevention is worth a pound of cure
HR compliance isn't just about paperwork; it's a strategy for protecting your assets. A solid HR structure helps you avoid costly disputes and frees your mind for what really matters: growing your business.
Industrielle RH builds these compliance requirements directly into your management processes. Don't let a technical error hold back your ambitions.