N-1.1 - Act respecting labour standards

Section 86.1 Disposition versions

2016-01-01

86.1. An employee is entitled to retain the status of employee where the changes made by the employer to the mode of operation of the enterprise do not change that status into that of a contractor without employee status.

Where the employee is in disagreement with the employer regarding the consequences of the changes on the status of the employee, the employee may file a complaint in writing with the Commission des normes, de l’équité, de la santé et de la sécurité du travail. On receipt of the complaint, the Commission shall make an inquiry and the first paragraph of section 102 and sections 103, 104 and 106 to 110 shall apply, with the necessary modifications.

If the Commission refuses to take action following a complaint, the employee may, within 30 days of the Commission’s decision under section 107 or 107.1, make a written request to the Commission for the referral of the complaint to the Administrative Labour Tribunal.

At the end of the inquiry, if the Commission agrees to take action, it shall refer the complaint without delay to the Administrative Labour Tribunal for it to rule on the consequences of the changes on the status of the employee.

The Administrative Labour Tribunal shall render its decision within 60 days of the filing of the complaint at its offices.

2002, c. 80, s. 53; 2015, c. 15, s. 237.

2003-05-01

86.1. An employee is entitled to retain the status of employee where the changes made by the employer to the mode of operation of the enterprise do not change that status into that of a contractor without employee status.

Where the employee is in disagreement with the employer regarding the consequences of the changes on the status of the employee, the employee may file a complaint in writing with the Commission des normes du travail. On receipt of the complaint, the Commission shall make an inquiry and the first paragraph of section 102 and sections 103, 104 and 106 to 110 shall apply, with the necessary modifications.

If the Commission refuses to take action following a complaint, the employee may, within 30 days of the Commission’s decision under section 107 or 107.1, make a written request to the Commission for the referral of the complaint to the Commission des relations du travail.

At the end of the inquiry, if the Commission agrees to take action, it shall refer the complaint without delay to the Commission des relations du travail for it to rule on the consequences of the changes on the status of the employee.

The Commission des relations du travail shall render its decision within 60 days of the filing of the complaint at its offices.

2002, c. 80, s. 53.