N-1.1 - Act respecting labour standards

Full text
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;
(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;
(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);
(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act; or
(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP).
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;
(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;
(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);
(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act; or
(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01.
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;
(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;
(8)  (not in force);
(9)  (not in force);
(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3.
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;
(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56.
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61.
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this Act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of his minor child, even though he had taken all reasonable steps within his power to assume those obligations otherwise.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95.
122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this act or a regulation;
(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of his minor child, even though he had taken all reasonable steps within his power to assume those obligations otherwise.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55.
122. No employer or his agent may dismiss, suspend or transfer an employee
(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this act or a regulation.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5.
122. No employer or his agent may dismiss, suspend or transfer an employee
(1)  on the ground that such employee has exercised one of his rights under this act or a regulation;
(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;
(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;
(4)  on the ground that such employee is pregnant;
(5)  for the purpose of evading the application of this act or a regulation.
An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.
1979, c. 45, s. 122; 1980, c. 5, s. 10.