D-2, r. 11 - Decree respecting the automotive services industry in the Québec region

Section 8.11 Disposition versions

2020-02-12

8.11. At the end of the period of absence referred to in section 8.09, the employer must reinstate the employee in the employee’s former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work. If the position held by the employee no longer exists when the employee returns to work, the employer must recognize all the rights and privileges to which the employee would have been entitled if the employee had been at work at the time the position ceased to exist.

Nothing in the first paragraph prevents an employer from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of an absence for a reason described in section 8.09 or the repetitive nature of the absences constitute good and sufficient cause.

O.C. 756-2011, s. 17; O.C. 67-2020, s. 12.

2012-09-01

8.11. At the end of the period of absence referred to in section 8.09, the employer must reinstate the employee in the employee’s former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work. If the position held by the employee no longer exists when the employee returns to work, the employer must recognize all the rights and privileges to which the employee would have been entitled if the employee had been at work at the time the position ceased to exist.

Nothing in the first paragraph prevents an employer from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of the sickness, accident or criminal offence or the repetitive nature of the absences constitute good and sufficient cause.

O.C. 756-2011, s. 17.