Quebec Labor Code

Quebec Labor Code: Key Points on Strikes, Lockouts, and Essential Services

• Employees can face termination for illegal strike activities, but have recourse under specific articles if not recalled after a strike or lockout.
• Dismissal for union activity is treated as a grievance to be filed by the union, and an arbitrator can intervene in cases of excessive sanctions.
• The end of a strike or lockout can be determined by signing a CBA approved by secret ballot, referral to an arbitrator, or a collective decision by the union.
• Picketing is a form of expression not specifically regulated, but illegal picketing can lead to criminal charges under Art. 423 of the Criminal Code.
• Sanctions for illegal strikes or lockouts can result in fines for unions, employers, and individuals, without requiring proof of individual intent.
• Injunctions can be issued to end illegal strikes or lockouts, and civil lawsuits can be filed for damages caused by illegal strikes.
• Essential services in public and para-public sectors must be maintained during a strike, as defined by the Minister of Labour and negotiated by the employer and union.
• Conditions for declaring a strike include reaching an agreement on minimum services and providing a 7-day strike notice to the appropriate parties.
• The anti-scab law prohibits the use of replacement workers during a strike, with specific prohibitions and exceptions outlined for the employer.
• The collective agreement must cover working conditions, labor standards, harassment, the Charter of the French Language, and occupational health and safety, among other topics.
• The content of the collective agreement cannot contradict public order and must adhere to specific legal requirements.
• The employer can use certain management employees and contractors during a strike, with limitations and conditions specified in the law.