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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Civil recourses

Sections
98
99
100
101
102
103
104
105
106
107
107.1
108
109
110
111
112
113
114
115
116
117
118
119
119.1
120
121

Section 101

Settlement of a claim null

Any settlement of a claim between an employer and an employee which involves a reduction of the amount claimed is absolutely null.

1979, c. 45, s. 101; 1999, c. 40, s. 196.

Interpretation

The aim of this provision is to protect the employee who makes a settlement directly with his employer without knowing all of the rights that he enjoys under the Act.

Where the Commission deems that the employee agreed to a settlement that is contrary to public order, it can claim the amounts payable to him and the settlement made cannot be invoked against it.

For example, an agreement signed by the employee and employer that stipulated that the employee waived payment of his annual leave would be null and void. The Commission could have this agreement declared null and void, as it would violate the Act whose provisions are of public order (see the interpretation of section 93 ALS).

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