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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Recourse against certain differences in treatment

Sections
121.1
121.2
121.3
121.4
121.5
121.6
121.7
121.8
122
122.1
122.2
123
123.1
123.2
123.3
123.4
123.5

Section 123

Complaint to Commission

An employee who believes he has been the victim of a practice prohibited by section 122 and who wishes to assert his rights must do so before the Commission des normes du travail within 45 days of the occurrence of the practice complained of.

Complaint to Commission des relations du travail

If the complaint is filed within that time to the Commission des relations du travail, failure to file the complaint with the Commission des normes du travail cannot be invoked against the complainant.

Interpretation

An employee who wishes to exercise the recourse provided for under section 122 ALS must file a complaint with the Commission des normes du travail within 45 days of the practice about which he is complaining. This deadline is strict. A complaint filed with the Commission des relations du travail within this time limit is also admissible.

The time limit is calculated in accordance with sections 151.1 to 151.3 of the Labour Code (beginning at the time when the measure that was taken against the employee has become effective).

Also see the interpretation of section 124 ALS – Complaint filed within 45 days of the dismissal

Prohibited practices in other statutes

Other statutes contain the notion of prohibited practices and make provision for the application of section 123 of the Act respecting labour standards. Here are some of the applications:

1. Electors

Section 335 of the Québec Electoral Act (R.S.Q., c. E-3.3) stipulates that: "Every employer shall ensure that every employee who is qualified to vote has at least four consecutive hours free to vote while the polling stations are open, not counting the time normally allowed for meals.
Leave of absence required.
If an employee does not have such a period outside working hours, the employer shall grant the employee, at the time of day determined by the employer, the leave of absence required so that the employee may have four consecutive hours to vote.
Prohibition.
No deduction of wages or penalty may be imposed on the employee by the employer by reason of the leave of absence.
Victim of a contravention.
Section 123 of the Act respecting labour standards (chapter N-1.1) applies to an employee who believes that he has been wronged as a result of a contravention of this section.”

2. Employee of a municipality

Section 113 of the Charter of Ville de Gatineau (R.S.Q., c. C-11.1);
Section 126 of the Charter of Ville de Lévis (R.S.Q., c. C-11.2);
Section 112 of the Charter of Ville de Longueuil (R.S.Q., c. C-11.3);
Section 175 of the Charter of Ville de Montréal (R.S.Q., c. C-11.4);
Section 155 of the Charter of Ville de Québec (R.S.Q., c. C-11.5) stipulates that:
“Every member of the council and every officer or employee of a municipality referred to in section 5, the urban community or a body there of must cooperate with the transition committee members, employees and representatives acting in the exercise of their functions.”
Interference prohibited.
“No municipality or body referred to in the first paragraph may prohibit or otherwise prevent its officers or employees from cooperating with the transition committee acting in the pursuit of its mission, or take or threaten to take any disciplinary measure against them for having cooperated with the committee.”
Provision applicable.
“Section 123 of the Act respecting labour standards (chapter N-1.1) applies, with the necessary modifications, to any officer or employee who believes he or she has been the victim of a practice prohibited by the second paragraph.”

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140; O.C. 1314-2002; 2002, c. 80, s. 64.

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