N-1.1 - Act respecting labour standards

Section 123 Disposition versions

2023-06-08

123. An employee who believes they have been the victim of a practice prohibited by section 122 and who wishes to assert the rights must do so before the Commission des normes, de l’équité, de la santé et de la sécurité du travail within 45 days of the occurrence of the practice complained of.

If the complaint is filed within that time to the Administrative Labour Tribunal, failure to file the complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail cannot be invoked against the complainant.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140; 2002, c. 80, s. 64; 2015, c. 15, s. 237; 2022, c. 22, s. 179.

2016-01-01

123. An employee who believes he has been the victim of a practice prohibited by section 122 and who wishes to assert his rights must do so before the Commission des normes, de l’équité, de la santé et de la sécurité du travail within 45 days of the occurrence of the practice complained of.

If the complaint is filed within that time to the Administrative Labour Tribunal, failure to file the complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail cannot be invoked against the complainant.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140; 2002, c. 80, s. 64; 2015, c. 15, s. 237.

2003-05-01

123. An employee who believes he has been the victim of a practice prohibited by section 122 and who wishes to assert his rights must do so before the Commission des normes du travail within 45 days of the occurrence of the practice complained of.

If the complaint is filed within that time to the Commission des relations du travail, failure to file the complaint with the Commission des normes du travail cannot be invoked against the complainant.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140; 2002, c. 80, s. 64.

2002-11-25

123. An employee who believes he has been the victim of a practice prohibited by section 122 or 122.2 and who wishes to assert his rights must do so before the Commission des relations du travail established by the Labour Code (chapter C-27). The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Code apply, with the necessary modifications.

Notwithstanding section 16 of the Labour Code, the period within which a complaint must be filed with the Commission des relations du travail is 45 days. If the complaint is submitted within that time to the Commission des normes du travail, failure to file the complaint to the Commission des relations du travail cannot be invoked against the complainant. The Commission des relations du travail shall transmit a copy of the complaint to the Commission des normes du travail.

The Commission des relations du travail shall not order the reinstatement of a domestic; it may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.

The Commission des normes du travail may, in any proceedings relating to this division, represent an employee who is not a member of a group of employees contemplated by a certification pursuant to the Labour Code.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140.

1999-10-22

123. An employee who believes he has been the victim of a practice prohibited by section 122 or 122.2 and who wishes to assert his rights must do so before a labour commissioner appointed under the Labour Code (chapter C-27) in the same manner as if it were a case of dismissal, suspension or transfer, or the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and sections 150 to 152 of the Labour Code then apply, adapted as required.

Notwithstanding section 16 of the Labour Code, the period within which a complaint must be filed with the labour commissioner general is 45 days. If the complaint is submitted within that time limit to the Commission or the Minister rather than to the labour commissioner general, non-compliance with the hereinabove time limit cannot be invoked against the complainant. The labour commissioner general shall transmit a copy of the complaint to the Commission.

A labour commissioner shall not order the reinstatement of a domestic; he may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.

The Commission may, in any proceedings relating to this division, represent an employee who is not a member of a group of employees contemplated by a certification pursuant to the Labour Code.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196.

1991-01-01

123. An employee who believes he has been the victim of a practice prohibited by section 122 or 122.2 and who wishes to assert his rights must do so before a labour commissioner appointed under the Labour Code (chapter C-27) in the same manner as if it were a case of dismissal, suspension or transfer, or the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and sections 150 to 152 of the Labour Code then apply, adapted as required.

Notwithstanding section 16 of the Labour Code, the period within which a complaint must be filed with the labour commissioner general is 45 days. If the complaint is submitted within that delay to the Commission or the Minister rather than to the labour commissioner general, non-compliance with the hereinabove delay cannot be invoked against the complainant. The labour commissioner general shall transmit a copy of the complaint to the Commission.

A labour commissioner shall not order the reinstatement of a domestic; he may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.

The Commission may, in any proceedings relating to this division, represent an employee who is not a member of a group of employees contemplated by a certification pursuant to the Labour Code.

1979, c. 45, s. 123; 1990, c. 73, s. 57.

1980-04-16

123. Every employee who believes that he has been dismissed, suspended or transferred for one of the reasons mentioned in section 122 and who wishes to vindicate his rights, shall do so before a labour commissioner appointed under the Labour Code (chapter C-27), as in the case of a dismissal, suspension or transfer by reason of the exercise by an employee of one of his rights under the Labour Code. Sections 14 to 19, 103 to 114, 121, 122, 129a and sections 133 to 135 of the Labour Code then apply, mutatismutandis.

Notwithstanding section 15 of the Labour Code, the delay to file a complaint with the labour commissioner general is 30 days. If the complaint is submitted within that delay to the Commission or the Minister rather than to the labour commissioner general, non-compliance with the hereinabove delay cannot be invoked against the complainant.

A labour commissioner shall not order the reinstatement of a domestic; he may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.

The Commission may intervene before the labour commissioner.

1979, c. 45, s. 123.