DCC 4119 Lecture 6: Employment Law
19 Mar 2019
School
Department
Course
Professor
Employment Law
November 26, 2018
• Contract OF services = employment
• Contract FOR services = contractors/professional services
• Two completely different contracts
• Difference is subordination – subordination role because you agree to have a boss
• S. 2085 to 2097
o Contract of employment is a contract
o Employee undertakes work
o Fixed or determinate term
• S. 2088
o Health and safety
o Bound to act faithfully and honestly
o Not to use any confidential information
o Duty of loyalty
• S. 2089
o Agreement not to compete
o Case law struck down agreements that are over a year
• S. 2090
o Contract for employment is tacitly removed
o Acting as if nothing had change, therefore nothing has changed
• S. 2091
o “I quit”
o Either party to a contract for an indeterminate term may terminate by giving notice to the other party
o Must be given in reasonable time
o You don’t have to give them 2 weeks but they have to give you 2 weeks
Quebec Labour Standards Act
• Every province has one
• Salary (wages)
• Minimum wage is set by law
• S. 40
o Government determines minimum wage
o Employee entitled to receive salary at least equivalent to min wage
• S. 40.1
o Cannot grant anything lower than that with the same tasks
• S. 42
o Entitled to receive payment in cash (at law means cheque) which means payment today
o Not promise to pay you tomorrow
• S. 43
o Payment at regular intervals
o Maximum is every 15 days
• S.
o Pay slip – gives you breakdown of your pay with gross amount and net amount
