Prevention

Prevention at the commission des normes du travail consists of:

A set of strategies and actions carried out for the benefit of the public, employees and employers seeking to improve the knowledge of labour standards, to avoid the risk and scope of violations in this field and, if necessary, to limit the consequences thereof. This is achieved within the context of the assumption of greater responsibility by the various stakeholders concerned in relation to their rights and obligations.

Why is prevention necessary?

Based on the data compiled by the Commission in 2005, close to 780,000 people had been the victim of at least one violation of the Act respecting labour standards. These violations have two major consequences:

1. The loss of significant amounts for employees;
2. The increase in unfair competition between enterprises.

The objectives related to prevention

• Improve the knowledge of labour standards
• Promote the awareness of the public, employees and employers about their rights and obligations

How to achieve these objectives

The Commission has adopted a prevention program (PDF in French only, 1.1 Mo) and has developed, for the 2008-2012 period, an intervention strategy based on the most commonly occurring problems and the sectors at greatest risk.

The action priorities identified by the Commission are as follows:

1. Compliance with the pecuniary standards for which the greatest number of violations is observed: statutory holidays, annual leave (vacation), overtime (payment), the pay sheet and the sharing of tips
2. Prevention of psychological harassment
3. Collective dismissals
4. Labour standards and the farming sector
5. Temporary foreign workers

Action priorities

1. Compliance with pecuniary standards
   
   Employers of the identified sectors will be made aware of the aspects that require greater attention concerning the labour standards posing risks in their respective sector. To support this awareness promotion effort, monitoring activities are carried out by the Commission’s staff and finally, compliance activities are planned for the same sectors.
   
   
2. Prevention of psychological harassment
   
   The provisions of the Act concerning psychological harassment apply to all enterprises and the Commission is continuing a series of luncheon meetings in every region. In addition, an information campaign for the general public on the theme of the prevention of psychological harassment will make it possible to highlight the various criteria related to compliance with the Act.
   
   To help employers better understand the scope of the Act as well as the difference between the management right and psychological harassment, an information kit is available for employers on our web site.
   
   The prevention activities are carried out in all activity sectors. However, for the first time since the entry into force of the provisions of the Act, the Commission plans to begin prevention initiatives within enterprises.
   
   
3. Labour standards and the farming sector
   
   Some producers who employ persons for a short period of time often fail to record the information concerning these workers in the register of wages and do not issue them a pay sheet.
   
   The Commission sent all strawberry, raspberry and apple producers a letter to inform them of these situations; this was followed by an individual reminder to ensure that they had taken this information into account. Compliance interventions are also planned in this sector.
   
   
4. Temporary foreign workers
   
   Increasingly, Québec is calling on manpower from abroad to fill jobs in the farming sector and as domestics. Temporary foreign workers are a vulnerable clientele from the standpoint of the application of labour standards. The cultural and language differences confronting these workers often make it hard for them to exercise their rights at work.
   
   In the years to come, the use of temporary foreign workers will grow. The Commission has visited enterprises that employ foreign temporary workers to promote the awareness of both workers and their employers about labour standards. Employees are also met with at their place of residence to inform them of labour standards in their language.
   
   
5. Collective dismissal
   
   In a difficult economic context, enterprise closures and staff lay-offs are common. There are standards that apply in the case of collective dismissals. An employer who lays off 10 or more employees of the same establishment must issue, within the stipulated time periods, a notice of collective dismissal and give each employee affected a notice of termination of employment. The Commission is responsible for making sure that the provisions concerning notices are respected.