Your boss in Quebec can't legally ask you to do these things and most workers don't know it
It's better to know your rights.
If you work in Quebec, the law is probably on your side more often than you think.
Most of us have had a boss ask for something that felt a little off. Maybe it was a last-minute request to stay three extra hours, a demand for a doctor's note after one sick day, or a question in a job interview that seemed way too personal.
The good news? If you work in Quebec, the law is probably on your side more often than you think.
Between the Act respecting labour standards, the Quebec Charter of Human Rights and Freedoms and the province's workplace safety laws, Quebec workers have some of the strongest protections in the country. But plenty of people don't know where the lines are, and some employers may want to keep it that way.
Here are eight things your boss legally can't make you do, and what you can do if they try.
1. Show a doctor's note for every sick day
Calling in sick shouldn't mean spending half a day in a walk-in clinic waiting room.
In Quebec, your employer can't require a medical certificate for your first three short absences, meaning three consecutive days or less, in a 12-month period. They can only ask for one starting with your fourth short absence, or as soon as you're off for more than three days in a row.
Most workers are also entitled to two paid days off per year for illness or family reasons once they've been on the job for three months.
Read more about sick leave in Quebec
2. Work unlimited overtime
In Quebec, the standard workweek for most people is 40 hours. Anything beyond that is overtime, and it has to be paid at time and a half. You can also ask to take that time off instead of getting paid for it.
Your boss can ask you to stay late, but there are limits. According to the CNESST, you have the right to refuse to work:
- More than two hours beyond your regular daily hours
- More than 14 hours in a 24-hour period
- More than 50 hours in a week
- A shift you weren't told about at least five days in advance, unless your job requires you to stay available
Keep in mind that the five-day rule doesn’t apply if your boss asks you to stay a little later on a shift you’re already working. In that case, the two-hour limit is what counts.
There are also exceptions, like when refusing would put someone’s safety at risk or cause serious damage.
See the CNESST's guide to labour standards
3. Skip your weekly day off
Everyone needs a break. Under Quebec law, you're entitled to a weekly rest period of at least 32 consecutive hours (exceptions apply to emergency personnel, healthcare workers, or positions governed by professional codes of ethics).
So if your schedule has you working every single day with no real break in between, that's worth bringing up.
Learn more about hours of work and rest
4. Answer personal questions in a job interview
Employers are allowed to ask about your experience, your skills and your availability. What they can't do is dig into your personal life.
Under the Quebec Charter, questions about your religion, ethnic origin, sexual orientation, disability or whether you're pregnant or planning to have kids are generally off-limits. Asking your exact age is usually a no-go too.
There are a few exceptions, like when the information is directly tied to a real job requirement or an affirmative action program. Otherwise, you don’t have to answer, and you can’t be treated differently for refusing.
Check your rights at work with the CDPDJ
5. Pay for broken equipment, cash shortages or your uniform
Accidents happen, but you shouldn't be footing the bill.
Your employer can't take money off your paycheque for things like broken equipment or a register that comes up short, unless you've given written consent for a specific deduction. If your job requires a uniform with the company's name or logo, your employer generally has to provide it for free.
Your pay also can't drop below Quebec's minimum wage, and that includes so-called "training" shifts.
Read the Act respecting labour standards
6. Do dangerous work
Whether you’re working in a busy kitchen or on a construction site, you have the right to refuse work if you have reasonable grounds to believe it puts your health or safety, or someone else's, at risk.
Your employer also has to provide a safe workplace, along with proper training and equipment. And they can't punish you for refusing unsafe work.
Read the Act respecting occupational health and safety
7. Put up with harassment
Psychological harassment is illegal in Quebec workplaces. That includes repeated hostile or humiliating behaviour, comments or actions, and sexual harassment.
Employers are legally required to prevent it and to take action when it happens. They're also required to have a policy in place for preventing and handling harassment complaints.
Learn more about workplace protections from Éducaloi
8. Leave quietly after you complain
If you've stood up for your rights at work, your employer can't fire, demote or punish you for it. That includes filing a complaint with the CNESST, refusing illegal overtime or taking leave you're entitled to.
If you are let go, you're generally entitled to written notice, or pay instead of notice, depending on how long you've been there. That ranges from one week for employees with three months to a year of service, up to eight weeks for those with 10 years or more.
And if you've worked somewhere for at least two years, you can file a complaint if you believe you were fired without good cause.
Find out how dismissal complaints work
What to do if your boss crosses the line
If you think your rights have been violated, you can file a complaint with the CNESST. It's free, and the commission can order things like back pay, reinstatement or damages.
Just don't wait too long. Complaints about unpaid wages usually have to be filed within a year, psychological harassment complaints within two years, and complaints about being fired without good cause within 45 days.
You can start the process on the CNESST's complaints page.
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