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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER II - Scope

Sections
2
3
3.1

Section 2

Applicability

This Act applies to the employee regardless of where he works. It also applies:

  1. to the employee who performs work both in Québec and outside Québec for an employer whose residence, domicile, undertaking, head office or office is in Québec;
  2. to the employee domiciled or resident in Québec who performs work outside Québec for an employer contemplated in paragraph 1;
  3. (Paragraph repealed.)

Is binding on the state

This Act is binding on the state.

 

1979, c. 45, s. 2; 1990, c. 73, s. 2; 1999, c. 40, s. 196; 2002, c. 80, s. 1; 2013, c. 28, s. 203.

Interpretation

The scope of the Act respecting labour standards is delineated in this section. Various situations may arise:

An employee works solely in Québec.

The Act applies for an employer whose residence, domicile, undertaking, head office or office is in Québec or not;

An employee works both in and outside Québec. 
a) For an employer whose residence, domicile, undertaking, head office or office is in Québec, the Act applies (s. 2, paragraph 1) ALS); 
b) For an employer who does not have a residence, domicile, undertaking, head office or office in Québec: the legislation which applies is that of the location of the employer’s undertaking;


An employee works solely outside Québec, but is domiciled or resides in Québec.
a) For an employer whose residence, domicile, undertaking, head office or office is in Québec, the Act applies (s. 2, paragraph 2) ALS);
b) For an employer who does not have a residence, domicile, undertaking, head office or office in Québec: the legislation which applies is that of the location of the employer’s undertaking.


It is important to mention that for the application of paragraph 1, the employee may reside and be domiciled outside Québec.

Through the use of the terms "an employer whose residence, domicile, undertaking, head office or office is outside Québec”, the clear intention of the legislator is to refer to employers doing business in Québec.

Moreover, in order for this Act to be applicable to the Crown, it must be specifically mentioned. The Act respecting labour standards applies to all government departments and agencies.

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