Ministère de l'Emploi et de la Solidarité sociale
Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-27 - Labour Code

Section 15
Disposition versions

Full text
15. Where an employer or a person acting for an employer or an employers’ association dismisses, suspends or transfers an employee, practises discrimination or takes reprisals against him or imposes any other sanction upon him because the employee exercises a right arising from this Code, the Tribunal may
(a)  order the employer or a person acting for an employer or an employers’ association to reinstate such employee in his employment, within eight days of the service of the decision, with all his rights and privileges, and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to dismissal, suspension or transfer.
That indemnity is due in respect of the whole period comprised between the time of dismissal, suspension or transfer and that of the carrying out of the order, or the default of the employee to resume his employment after having been duly recalled by his employer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity;
(b)  order the employer or the person acting for an employer or an employers’ association to cancel the sanction or to cease practising discrimination or taking reprisals against the employee and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to the sanction, discrimination or reprisals.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7; 1977, c. 41, s. 1, s. 7; 1983, c. 22, s. 3; 2001, c. 26, s. 6; 2015, c. 15, s. 237.
15. Where an employer or a person acting for an employer or an employers’ association dismisses, suspends or transfers an employee, practises discrimination or takes reprisals against him or imposes any other sanction upon him because the employee exercises a right arising from this Code, the Commission may
(a)  order the employer or a person acting for an employer or an employers’ association to reinstate such employee in his employment, within eight days of the service of the decision, with all his rights and privileges, and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to dismissal, suspension or transfer.
That indemnity is due in respect of the whole period comprised between the time of dismissal, suspension or transfer and that of the carrying out of the order, or the default of the employee to resume his employment after having been duly recalled by his employer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity;
(b)  order the employer or the person acting for an employer or an employers’ association to cancel the sanction or to cease practising discrimination or taking reprisals against the employee and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to the sanction, discrimination or reprisals.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7; 1977, c. 41, s. 1, s. 7; 1983, c. 22, s. 3; 2001, c. 26, s. 6.
15. Where an employer or a person acting for an employer or an employers’ association dismisses, suspends or transfers an employee, practises discrimination or takes reprisals against him or imposes any other sanction upon him because the employee exercises a right arising from this Code, the labour commissioner may
(a)  order the employer or a person acting for an employer or an employers’ association to reinstate such employee in his employment, within eight days of the service of the decision, with all his rights and privileges, and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to dismissal, suspension or transfer.
That indemnity is due in respect of the whole period comprised between the time of dismissal, suspension or transfer and that of the carrying out of the order, or the default of the employee to resume his employment after having been duly recalled by his employer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity;
(b)  order the employer or the person acting for an employer or an employers’ association to cancel the sanction or to cease practising discrimination or taking reprisals against the employee and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to the sanction, discrimination or reprisals.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7; 1977, c. 41, s. 1, s. 7; 1983, c. 22, s. 3.
15. When an employee is dismissed, suspended or transferred by the employer or his representative because of the exercise by such employee of a right arising from this Code, the labour commissioner may order the employer to reinstate such employee in his employment, within eight days of the service of the decision, with all his rights and privileges, and to pay him as an indemnity the equivalent of the salary and other benefits of which he was deprived due to dismissal, suspension or transfer.
That indemnity is due in respect of the whole period comprised between the time of dismissal, suspension or transfer and that of the carrying out of the order, or the default of the employee to resume his employment after having been duly recalled by his employer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7; 1977, c. 41, s. 1, s. 7.
15. When an employee is dismissed, suspended or transferred by the employer or his agent, because of the exercise by such employee of a right granted to him by this code, the labour commissioner may order the employer to reinstate such employee in his employ, within eight days of the service of the decision, with all his rights and privileges, and to pay him, as an indemnity, the equivalent of the salary and other advantages of which he was deprived by the dismissal, suspension or transfer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7; 1977, c. 41, s. 1.
15. When an employee is dismissed, suspended or transferred by the employer or his agent, because of the exercise by such employee of a right granted to him by this code, the investigation commissioner may order the employer to reinstate such employee in his employ, within eight days of the service of the decision, with all his rights and privileges, and to pay him, as an indemnity, the equivalent of the salary and other advantages of which he was deprived by the dismissal, suspension or transfer.
If the employee has worked elsewhere during the above mentioned period, the salary which he so earned shall be deducted from such indemnity.
R. S. 1964, c. 141, s. 14; 1969, c. 47, s. 7.
© Gouvernement du Québec