C-27 - Labour Code

Section 20.0.1 Disposition versions

2016-01-01

20.0.1. Every employer who intends to make changes to the mode of operation of his undertaking entailing the conversion of the status of an employee to whom a certification or a petition for certification applies to that of contractor without employee status, must so inform the association of employees concerned by means of a written notice containing a description of the changes.

Where the association does not share the opinion of the employer on the consequences of the changes on the status of the employee, the association may, within 30 days after receipt of the notice, apply to the Tribunal for a determination as to the consequences of such changes on the status of the employee. The association must, without delay, transmit a copy of the application to the employer.

The employer may not implement the changes referred to in the first paragraph before the expiry of the time fixed in the second paragraph or, if the association of employees has, at that time, requested the intervention of the Tribunal, before an agreement is reached with the association as to the consequences of the changes on the status of the employee, or before the decision of the Tribunal is rendered, whichever occurs first.

The Tribunal must render its decision within 60 days after receipt of the association’s application.

2001, c. 26, s. 11; 2015, c. 15, s. 237.

2002-11-25

20.0.1. Every employer who intends to make changes to the mode of operation of his undertaking entailing the conversion of the status of an employee to whom a certification or a petition for certification applies to that of contractor without employee status, must so inform the association of employees concerned by means of a written notice containing a description of the changes.

Where the association does not share the opinion of the employer on the consequences of the changes on the status of the employee, the association may, within 30 days after receipt of the notice, apply to the Commission for a determination as to the consequences of such changes on the status of the employee. The association must, without delay, transmit a copy of the application to the employer.

The employer may not implement the changes referred to in the first paragraph before the expiry of the time fixed in the second paragraph or, if the association of employees has, at that time, requested the intervention of the Commission, before an agreement is reached with the association as to the consequences of the changes on the status of the employee, or before the decision of the Commission is rendered, whichever occurs first.

The Commission must render its decision within 60 days after receipt of the association’s application.

2001, c. 26, s. 11.