N-1.1 - Act respecting labour standards

Section 122 Disposition versions

2024-03-27

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against the employee, or impose any other sanction upon the employee

(1)  on the ground that such employee has exercised a right, other than the right contemplated in section 84.1, conferred on the employee by this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that the employee has given evidence in a proceeding related thereto;

(2.1)  on the ground that the employee has made a report to the employer or his agent concerning psychological harassment behaviour targeting another person or has cooperated in the processing of a report or complaint regarding such behaviour;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond the employee’s regular hours of work because the employee’s presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though the employee had taken the reasonable steps within the employee’s power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(18)  on the ground that the employee has been summoned as a prospective juror under the Jurors Act (chapter J-2) or that the employee has acted as a juror;

(19)  on the ground that the employee has been called to attend at court or that the employee has acted as a witness before a court of justice; or

(20)  on the ground that the employee has made a report or filed a complaint, cooperated in the processing of a report or complaint or accompanied a person who has made a report or filed a complaint under the Act respecting the National Student Ombudsman (chapter P-32.01).

An employer must of his own initiative transfer a pregnant employee if the conditions of employment are physically dangerous to the employee or the employee’s unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that the conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 13, s. 41; 2018, c. 8, s. 194; 2017, c. 27, s. 202; 2020, c. 12, s. 156; 2022, c. 22, s. 176; 2022, c. 17, s. 94; 2024, c. 4, s. 21.

2023-08-28

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against the employee, or impose any other sanction upon the employee

(1)  on the ground that such employee has exercised a right, other than the right contemplated in section 84.1, conferred on the employee by this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that the employee has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond the employee’s regular hours of work because the employee’s presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though the employee had taken the reasonable steps within the employee’s power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(18)  on the ground that the employee has been summoned as a prospective juror under the Jurors Act (chapter J-2) or that the employee has acted as a juror;

(19)  on the ground that the employee has been called to attend at court or that the employee has acted as a witness before a court of justice; or

(20)  on the ground that the employee has made a report or filed a complaint, cooperated in the processing of a report or complaint or accompanied a person who has made a report or filed a complaint under the Act respecting the National Student Ombudsman (chapter P-32.01).

An employer must of his own initiative transfer a pregnant employee if the conditions of employment are physically dangerous to the employee or the employee’s unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that the conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 13, s. 41; 2018, c. 8, s. 194; 2017, c. 27, s. 202; 2020, c. 12, s. 156; 2022, c. 22, s. 176; 2022, c. 17, s. 94.

2023-06-08

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against the employee, or impose any other sanction upon the employee

(1)  on the ground that such employee has exercised a right, other than the right contemplated in section 84.1, conferred on the employee by this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that the employee has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond the employee’s regular hours of work because the employee’s presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though the employee had taken the reasonable steps within the employee’s power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(18)  on the ground that the employee has been summoned as a prospective juror under the Jurors Act (chapter J-2) or that the employee has acted as a juror; or

(19)  on the ground that the employee has been called to attend at court or that the employee has acted as a witness before a court of justice.

An employer must of his own initiative transfer a pregnant employee if the conditions of employment are physically dangerous to the employee or the employee’s unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that the conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 13, s. 41; 2018, c. 8, s. 194; 2017, c. 27, s. 202; 2020, c. 12, s. 156; 2022, c. 22, s. 176.

2021-01-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication;

(18)  on the ground that the employee has been summoned as a prospective juror under the Jurors Act (chapter J-2) or that the employee has acted as a juror; or

(19)  on the ground that the employee has been called to attend at court or that the employee has acted as a witness before a court of justice.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 13, s. 41; 2018, c. 8, s. 194; 2017, c. 27, s. 202; 2020, c. 12, s. 156.

2019-05-25

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication; or

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 13, s. 41; 2018, c. 8, s. 194; 2017, c. 27, s. 202.

2018-11-30

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

In force: 2019-05-25

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication; or

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 8, s. 41; 2018, c. 8, s. 194.

2018-09-04

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

In force: 2019-05-25

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

In force: 2018-11-30

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication; or

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811; 2018, c. 8, s. 41.

2018-07-13

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter E-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

In force: 2019-05-25

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

In force: 2018-11-30

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication; or

In force: 2018-09-04

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30; 2018, c. 23, s. 811.

2018-06-20

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter A-33.2) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26);

In force: 2019-05-25

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication;

In force: 2018-11-30

(15)  on the ground of a communication of information in good faith by the employee under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or the employee’s cooperation in a search for information or an inquiry conducted by the Commission municipale du Québec under Division I of Chapter III of that Act;

(16)  on the ground that the employee has, in good faith, communicated information referred to in section 123.6 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) to the Commission de la construction du Québec or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication; or

In force: 2018-09-04

(17)  on the ground that the employee has, in good faith, communicated information to the Régie du bâtiment du Québec under section 129.2.1 of the Building Act (chapter B-1.1) or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779; 2018, c. 12, s. 2; I.N. 2018-06-30.

2018-06-13

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1), on the ground of a non-compliance with an Act referred to in section 7 of the Act respecting the regulation of the financial sector (chapter A-33.2) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing or non-compliance;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26); or

Not in force

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40; 2018, c. 23, s. 779.

2018-06-12

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative within the meaning of section 79.6.1 or a person for whom the employee acts as a caregiver, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26); or

Not in force

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148; 2018, c. 21, s. 40.

2017-09-21

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3);

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26); or

Not in force

(14)  on the ground of a communication of information made in good faith by the employee under section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) or of the employee’s cooperation in an audit or investigation conducted on the ground of such a communication.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148.

2017-06-08

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1);

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3); or

(13)  on the ground that the employee has sent information to the syndic of a professional order to the effect that a professional has committed an offence referred to in section 116 of the Professional Code (chapter C-26).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28; 2017, c. 11, s. 148.

2017-05-30

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4);

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1); or

(12)  on the ground of a report of maltreatment made by an employee or of the employee’s cooperation in the examination of a report or complaint of maltreatment under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44; 2017, c. 10, s. 28.

2017-05-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act;

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4); or

(11)  on the ground that the employee has, in good faith, disclosed a wrongdoing or that the employee has cooperated in an audit or investigation regarding such a wrongdoing in accordance with the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) or Chapter VII.2 of the Educational Childcare Act (chapter S-4.1.1).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP); 2016, c. 34, s. 44.

2016-01-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure of property in the hands of a third person has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act; or

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01; I.N. 2016-01-01 (NCCP).

2014-07-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  on the ground that such employee has exercised a right arising from the Voluntary Retirement Savings Plans Act (chapter R-17.0.1);

(9)  for the purpose of evading the application of the Voluntary Retirement Savings Plans Act; or

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3; 2013, c. 26, s. 134; I.N. 2014-07-01.

2014-06-13

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing;

(8)  (not in force);

(9)  (not in force);

(10)  on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee’s cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal (chapter C-11.4).

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56; 2014, c. 3, s. 3.

2011-09-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise;

(7)  on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act (chapter L-6.1) or on the ground of an employee’s cooperation in an audit or an investigation regarding such a wrongdoing.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61; 2011, c. 17, s. 56.

2003-05-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(1.1)  on the ground that an inquiry is being conducted by the Commission in an establishment of the employer;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though he had taken the reasonable steps within his power to assume those obligations otherwise.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95; 2002, c. 80, s. 61.

1995-12-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of his minor child, even though he had taken all reasonable steps within his power to assume those obligations otherwise.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95.

1991-01-01

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of his minor child, even though he had taken all reasonable steps within his power to assume those obligations otherwise.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55.

1982-04-01

122. No employer or his agent may dismiss, suspend or transfer an employee

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this act or a regulation.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5.

1980-04-10

122. No employer or his agent may dismiss, suspend or transfer an employee

(1)  on the ground that such employee has exercised one of his rights under this act or a regulation;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this act or a regulation.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10.