The termination of employment by the employer, including a layoff for a period of six months or more, involving not fewer than 10 employees of the same establishment in the course of two consecutive months constitutes a collective dismissal governed by this division.
2002, c. 80, s. 49.
This section defines what constitutes a collective dismissal.
It is a termination of employment, at the employer’s initiative, which affects at least 10 employees of the same establishment for two consecutive months. The employees laid off for more than 6 months must also be considered employees contemplated by the dismissal. In this case, the employer will have to take into account various components when making these layoffs, as the minimum time period within which he must send the notice of collective dismissal depends on the number of employees dismissed. The legislator has imposed on the employer the duty to anticipate and act accordingly to ensure that a notice of sufficient length is given (see the interpretation of section 84.0.4 ALS).
For the notion of establishment, see the interpretation under section 41.1. of the ALS, point 4.