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.

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, de l'équité, de la santé et de la sécurité du travail.

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.

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