H-2.1 - Act respecting hours and days of admission to commercial establishments

Section 28.1 Disposition versions

2001-07-15

28.1. (Repealed).

1992, c. 55, s. 13; 2001, c. 26, s. 128.

1999-04-01

28.1. No person operating a commercial establishment may dismiss, suspend or transfer a person in his employ on 18 December 1992, practise discrimination or take reprisals against that person, or impose any other sanction upon him on the ground that, during the period from 18 December 1992 to 18 December 1995, the person refused to work on a Sunday or between 7:00 p.m. and 9:00 p.m. on a Monday or a Tuesday.

Any person who believes he has been the victim of a practice prohibited by the first paragraph may enforce his rights before a labour commissioner appointed under the Labour Code (chapter C-27), in the same manner as if it were a case of the imposition of a sanction upon an employee by reason of the exercise by the employee of a right arising from the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and 150 to 152 of the Labour Code then apply, with the necessary changes.

Any person operating a commercial establishment who contravenes the first paragraph or who orders, authorizes, advises or consents to such a contravention is guilty of an offence and is liable to the penalties set out in section 24.

This section does not apply in respect of a commercial establishment to which any of sections 5 to 14 applies, except an establishment in which the principal products offered for sale at all times are the products referred to in section 6 and the operation of which is attended to by more than 4 persons at any time during the day.

Section 19 applies for the purposes of this section.

1992, c. 55, s. 13.