C-27 - Labour Code

Section 111.10 Disposition versions

2019-10-30

111.10. In the event of a strike by an institution’s employees, the parties are required to maintain essential services. Such services are those whose interruption may endanger public health or safety.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2; 1992, c. 21, s. 129, s. 375; 2005, c. 32, s. 243; 2011, c. 16, s. 132; 2015, c. 15, s. 237; 2019, c. 20, s. 12.

2016-01-01

111.10. In the event of a strike in an institution, the percentage of employees to be maintained per work shift from among the employees who would usually be on duty during that period shall be at least

(1)  90% in the case of an institution operating a residential and long-term care centre, a rehabilitation centre, a psychiatric hospital, a hospital providing specialized care in neurology or cardiology or a hospital centre having a department of clinical psychiatry or a community health department, in the case of an institution to which an agency entrusts functions relating to public health, or in the case of a hospital centre belonging to the class of hospital centres for long-term care or a reception centre;

(2)  80% in the case of an institution operating a hospital centre other than those contemplated in subparagraph 1;

(3)  60% in the case of an institution operating a local community service centre;

(4)  55% in the case of an institution operating a child and youth protection centre or in the case of a social services centre.

In the case of a body declared by the Government to be classified as an institution under the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2), the number of employees to be maintained shall be determined by agreement between the parties or, failing an agreement, by a list established in accordance with section 111.10.3. The agreement or the list shall be approved by the Tribunal.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2; 1992, c. 21, s. 129, s. 375; 2005, c. 32, s. 243; 2011, c. 16, s. 132; 2015, c. 15, s. 237.

2011-10-01

111.10. In the event of a strike in an institution, the percentage of employees to be maintained per work shift from among the employees who would usually be on duty during that period shall be at least

(1)  90% in the case of an institution operating a residential and long-term care centre, a rehabilitation centre, a psychiatric hospital, a hospital providing specialized care in neurology or cardiology or a hospital centre having a department of clinical psychiatry or a community health department, in the case of an institution to which an agency entrusts functions relating to public health, or in the case of a hospital centre belonging to the class of hospital centres for long-term care or a reception centre;

(2)  80% in the case of an institution operating a hospital centre other than those contemplated in subparagraph 1;

(3)  60% in the case of an institution operating a local community service centre;

(4)  55% in the case of an institution operating a child and youth protection centre or in the case of a social services centre.

In the case of a body declared by the Government to be classified as an institution under the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2), the number of employees to be maintained shall be determined by agreement between the parties or, failing an agreement, by a list established in accordance with section 111.10.3. The agreement or the list shall be approved by the Commission.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2; 1992, c. 21, s. 129, s. 375; 2005, c. 32, s. 243; 2011, c. 16, s. 132.

2006-01-01

111.10. In the event of a strike in an institution, the percentage of employees to be maintained per work shift from among the employees who would usually be on duty during that period shall be at least

(1)  90% in the case of an institution operating a residential and long-term care centre, a rehabilitation centre, a psychiatric hospital, a hospital providing specialized care in neurology or cardiology or a hospital centre having a department of clinical psychiatry or a community health department, in the case of an institution to which an agency entrusts functions relating to public health, or in the case of a hospital centre belonging to the class of hospital centres for long-term care or a reception centre;

(2)  80% in the case of an institution operating a hospital centre other than those contemplated in subparagraph 1;

(3)  60% in the case of an institution operating a local community service centre;

(4)  55% in the case of an institution operating a child and youth protection centre or in the case of a social services centre.

In the case of a body declared by the Government to be classified as an institution under the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R‐8.2), the number of employees to be maintained shall be determined by agreement between the parties or, failing an agreement, by a list established in accordance with section 111.10.3. The agreement or the list shall be approved by the council.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2; 1992, c. 21, s. 129, s. 375; 2005, c. 32, s. 243.

1992-10-01

111.10. In the event of a strike in an institution, the percentage of employees to be maintained per work shift from among the employees who would usually be on duty during that period shall be at least

(1)  90 % in the case of an institution operating a residential and long-term care centre, a rehabilitation centre, a psychiatric hospital, a hospital providing specialized care in neurology or cardiology or a hospital centre having a department of clinical psychiatry or a community health department, in the case of an institution to which a regional board entrusts functions relating to public health, or in the case of a hospital centre belonging to the class of hospital centres for long-term care or a reception centre;

(2)  80 % in the case of an institution operating a hospital centre other than those contemplated in subparagraph 1 or in the case of an institution designated as a health care centre;

(3)  60 % in the case of an institution operating a local community service centre;

(4)  55 % in the case of an institution operating a child and youth protection centre or in the case of a social services centre.

In the case of a body declared by the Government to be classified as an institution under the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors, the number of employees to be maintained shall be determined by agreement between the parties or, failing an agreement, by a list established in accordance with section 111.10.3. The agreement or the list shall be approved by the council.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2; 1992, c. 21, s. 129, s. 375.

1985-06-19

111.10. In the event of a strike in an establishment, the percentage of employees to be maintained per work shift from among the employees who would usually be on duty during that period shall be at least

(1)  90% in an establishment providing the services of a reception centre or long-term care, an establishment providing specialized care in psychiatry, neurology or cardiology and a hospital centre having a department of clinical psychiatry or a community health department;

(2)  80% in a hospital for short term care and a health care centre not contemplated in paragraph 1;

(3)  60% in a local community service centre other than a health care centre;

(4)  55% in a social service centre.

In the case of a body declared by the Government to be classified as an establishment under the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors, the number of employees to be maintained shall be determined by agreement between the parties or, failing an agreement, by a list established in accordance with section 111.10.3. The agreement or the list shall be approved by the council.

1978, c. 52, s. 4; 1985, c. 12, s. 89; 1985, c. 40, s. 2.

1978-06-23

111.10. In the case of an establishment contemplated in paragraph f of section 1 of the Act respecting management and union party organization in collective bargaining in the sectors of education, social affairs and government agencies, the parties must negotiate the number of employees per class of services to be maintained in the event of a labour dispute. This agreement is transmitted by the parties to the committee contemplated in section 111.9.

If there is no agreement, a certified association must, not later than one hundred and eighty days before the date of expiry of a collective agreement or the document in lieu thereof, transmit to the other party and to the committee contemplated in section 111.9 a list determining the number of employees per class of services maintained by the establishment in the event of a labour dispute. The list cannot be amended thereafter, but if an agreement is entered into between the parties after the list is filed, the agreement prevails.

An agreement or a list must in particular provide free access for a recipient, as defined by paragraph p of section 1 of the Act respecting health services and social services (chapter S-5), to an establishment.

No person may contravene the provisions of the agreement entered into nor derogate from the list filed.

1978, c. 52, s. 4.