What the Act says

The Act respecting labour standards contains provisions concerning the unjustified change of status of an employee that protect the majority of Québec workers, whether they are full or part time.

A person who works for an employer and who is entitled to a wage; this word also includes a worker who is a party to a contract, under which he or she:
  * iundertakes to perform specified work for a person within the scope and in accordance with the methods and means determined by that person;
  * undertakes to furnish, for the carrying out of the contract, the material, equipment, raw materials or merchandise chosen by that person and to use them in the manner indicated by him or her; and
  * keeps, as remuneration, the amount remaining to him or her from the sum he or she has received in conformity with the contract, after deducting the expenses entailed in the performance of that contract.

An employer cannot change the status of one of his employees to turn him into a contractor without employee status or a self-employed worker if no change in the method of operation of his enterprise requires a change of the employee’s status.

If such a change of status occurs without being justified by real changes in the enterprise or if the employee disagrees with his employer about the consequences that the changes in the enterprise should have on his status, he can file a complaint in writing with the Commission des normes du travail.

self-employed worker
Person engaged in professional activities for their own account and under their own responsibility. This person has no subordination relationship with the employer.

Conditions and time period

The employee must still be working for the enterprise and the complaint must be filed in a reasonable time period after the change of his status made by the employer.

reasonable time period
The reasonable notice of termination must take into account, inter alia, the kind of job, the particular circumstances in which it is done and its duration.

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