It shall end not later than 70 weeks after the birth or, in the case of adoption, 70 weeks after the child was entrusted to the employee. The Tribunal may decide as to the validity of such mandate. The minimum wage payable to an employee shall be determined by regulation of the Government. Restaurant owner John Cercone says the province should have better notified employers about the new requirement, especially for businesses like his with no human resources department. After the request is sent, the parties must forward without delay any relevant information respecting the essential services that must be maintained to the Tribunal and attend any sitting of the Tribunal to which they are convened. no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified. At any time before the case is taken under advisement, a joint application may be made by the parties to such an agreement to the Minister for the appointment of a person to act as a mediator. On receipt of a request that meets the requirements of section 39.0.0.1, the Commission files the certified copy of the decision, together with the certificate, with the office of the Superior Court in the district where the residence, domicile, business establishment, head office or office of the employer or another debtor concerned is situated. The Government may, by regulation, determine minimum conditions of employment respecting the matters listed in section 92.1 applicable, until the coming into force of a regulation made under that section but for a period not exceeding 42 months beginning on 1 July 2000, to employees who perform work which, had it been performed before that date, would have been within the fields of activity covered by one of the decrees listed in the third paragraph of section 39.0.2. to report for work only at the establishment situated outside Québec where, during that period, he reports for work mainly at such an establishment of his employer; where an employee ordinarily reports for work at an establishment of his employer situated in Québec and at an establishment of his employer situated outside Québec, the employee is deemed, in respect of remuneration subject to contribution described in subparagraph. The arbitrator may continue the arbitration if the party fails to appoint a person to replace the assessor within the time he indicates. If an employee is on annual leave on one of the holidays contemplated in section 60 or if such a holiday does not coincide with the employee’s regular work schedule, the employer shall pay him the indemnity provided for in section 62 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee or fixed by a collective agreement or a decree. If no agreement is reached, the certified association must forward to the employer and to the Tribunal a list determining the essential services that must be maintained in the service concerned in the event of a strike. The provisions applicable under this section take precedence over the provisions of sections 115 and 144 of this Act. Similarly, if the employee is a reservist of the Canadian Forces and at the end of the 12 months following the end of a reference year, the employee is absent for one of the reasons set out in section 81.17.1, the employer may either defer the annual leave until the following year or pay the indemnity for that leave. However, during the period of absence, the employee may return to work intermittently or on a part-time basis if the employer consents to it. In addition, if at the end of the 12 months following the end of a reference year, the employee is absent for any of the reasons set out in section 79.1 or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. There's good news for Quebecers who have been working the same job for three years: they will be able to enjoy one more week of paid vacation. Subject to a provision of a collective agreement or decree, the leave must be taken during the 12 months following the overtime at a date agreed between the employer and the employee; otherwise the overtime must be paid. Section 79.2, the first paragraph of section 79.3 and sections 79.4, 79.5 and 79.6 apply to periods of absence under sections 79.8 to 79.12, with the necessary modifications. A person so summoned who refuses to appear, to testify or to file the required documents may be compelled to do so as if he had been summoned according to the Code of Civil Procedure (. A petition for certification shall not be renewed within three months of its refusal by the Tribunal or withdrawal by a petitioning association unless the petition is not admissible under section 27.1, the withdrawal occurs following a union or amalgamation of the territories of local municipalities or school boards, an integration of personnel with a metropolitan community or the establishment of a transit authority. To take advantage of the right provided for in section 81.17.1, an employee must give to the employer advance written notice of not less than four weeks of the date on which the absence is to begin, the reason for it and its duration. The presumption resulting from the application of the second paragraph of section 123.4 shall continue to apply for not less than 20 weeks after the employee has returned to work at the end of a maternity or paternity leave or parental leave. The employer must send forthwith a copy of the list to the petitioning association and place a copy thereof at the disposal of the labour relations officer seized of the petition. The annual leave may also be divided into more than two periods where so requested by the employee, provided the employer consents thereto. Where an undertaking subject to the Canada Labour Code (Revised Statutes of Canada, 1985, chapter L-2) as regards labour relations becomes, in that regard, subject to the legislative authority of Québec, the following provisions shall apply: Sections 121 to 124: Heat Stress Schedule IV: Standards of Temperature in Establishments. In this Code, unless the context requires otherwise, the following expressions mean: a person who, in the opinion of the Tribunal, is employed as manager, superintendent, foreman or representative of the employer in his relations with his employees; a director or officer of a legal person, unless a person acts as such with regard to his employer after having been designated by the employees or a certified association; a public servant of the Government whose position is of a confidential nature in the opinion of the Tribunal or under the terms of an agreement binding the Government and the associations certified in accordance with Chapter IV of the Public Service Act (. This section does not apply to logging operations carried on by a farm producer on his own property. Section 81.17.1 does not apply if the absence of an employee could endanger the life, health or security of other employees or the population or cause the destruction or serious deterioration of certain property or in a case of superior force, or if the absence is inconsistent with the employee’s professional code of ethics. an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Tribunal; in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides; in a public service, a decision has been rendered pursuant to section 111.0.24; utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out; utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment; utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out; utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out. The employer may not impose an arrangement to share gratuities or a tip-sharing arrangement. The Tribunal may, in case of contravention of this section, exercise the powers conferred upon it by Division IV. An employee may be absent from work for a period of not more than 26 weeks over a period of 12 months, owing to sickness, an organ or tissue donation for transplant, an accident, domestic violence or sexual violence of which the employee has been a victim. It may not be taken more than 15 days after the child arrives at the residence of its father or mother or after the termination of pregnancy. The second and third paragraphs of section 123.3 apply for the purposes of this section. Sections 47.2 to 47.6 and 100 to 101.10 apply. In addition to the powers otherwise conferred on it, the Tribunal may dissolve an association of employees if it is proved to the Tribunal that the association participated in a contravention of section 12.
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