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Act respecting labour standards
Section 84.0.3

Exceptions

This division does not apply

  1. To the layoff of employees for an indeterminate period, but in fact less than six months;
  2. In respect of an establishment whose activities are seasonal or intermittent;
  3. In respect of an establishment affected by a strike or lock-out within the meaning of the Labour Code (chapter C-27).

2002, c. 80, s. 49.

Interpretation

This provision stipulates certain situations where the provisions on collective dismissal do not apply.

After six months, when an employee is not recalled to work after a layoff for an indeterminate period, it will be necessary to check if this employee was among the employees contemplated by the collective dismissal.

As for intermittent activities, they can be defined as those that stop and resume by intervals, often according to sporadic requests or specific needs. They are similar to seasonal activities, except that they are not related to the seasons. For example, an undertaking that operates reception halls and that works according to the demand.