Labour law and the CNESST, the essentials

One acronym, two worlds: placing your problem correctly

The CNESST brings together two big missions that absolutely must be told apart, because they do not share the same statutes, the same deadlines or the same remedies.

• Side A · Labour standards. Governed by the Act respecting labour standards (ALS). This is the minimum floor for working conditions: minimum wage, overtime, vacation, statutory holidays, leave (sick, family, parental), notice of termination, protection against unjust dismissal and against harassment.
• Side B · Occupational health and safety. Governed mainly by the Act respecting industrial accidents and occupational diseases (LATMP) and the Act respecting occupational health and safety (LSST). This is what applies when you are injured at work or have a disease caused by your work : the claim, paid care, income replacement indemnity, return to work.

Why this distinction is critical: if you are dismissed after an accident, there can be both an employment injury case (Side B) and a reprisal complaint (Side A), with two different deadlines to meet. Always take the time to identify which side each part of your situation falls on.

Your basic rights: labour standards

The ALS sets a floor that every employer must respect for most employees, unionized or not. Here are the most useful benchmarks.

• Minimum wage. The general rate is $16.10 an hour since May 1, 2025, and $12.90 an hour for people who receive tips. The minimum wage is reviewed every May 1 (check the rate in force at cnesst.gouv.qc.ca).
• Overtime. As a general rule, hours worked beyond the standard work week earn a premium of 50% of the hourly rate (time and a half).
• Annual vacation. After 1 year of uninterrupted service and up to less than 3 years: 2 weeks of vacation + a 4% indemnity of gross wages for the reference year. From 3 years of uninterrupted service: 3 weeks + a 6% indemnity.
• Sick leave and family leave. The ALS allows time off for health reasons or family obligations; the first two days of absence each year are paid once the person has 3 months of uninterrupted service (check the exact conditions at cnesst.gouv.qc.ca).
• Statutory holidays. Quebec recognizes several paid statutory holidays, with an indemnity calculated using a formula set out in the law.

These standards are minimums : a contract, a company policy or a collective agreement can offer more, never less.

End of employment: notice, layoff, resignation and final pay

The end of a job follows specific rules, no matter who ends the relationship.

• Notice of termination. An employer who ends a job or lays someone off for 6 months or more must generally give written notice whose length depends on uninterrupted service (for example, 1 week of notice after 3 months to less than one year of service). If the employer gives no notice, it must pay an equivalent indemnity equal to the wages you would have earned during the notice period.
• The final pay. Whatever the reason the job ended, the employer must pay you all amounts owed : wages, overtime and vacation indemnity (4% or 6%).
• Resignation. Nothing legally requires you to give a set number of weeks of notice, but your contract may provide for one.
• Careful. Notice of termination is not the same thing as the unjust dismissal remedy (see the next section). One is an indemnity; the other is a remedy that can lead to reinstatement.

Unjust dismissal: the section 124 remedy

This is one of the most powerful remedies in the ALS.Section 124 lets an employee challenge a dismissal they consider unjust and, if they succeed, obtain reinstatement in their job and/or an indemnity.

• The seniority condition. You have to have 2 years of uninterrupted service with the same employer.
• The deadline · very short. The written complaint must be filed with the CNESST within 45 days of the dismissal. This deadline is decisive: missing it can cost you the remedy.
• The burden of proof. Once the complaint is admissible, it is up to theemployer to show that it had good and sufficient cause to dismiss you · a reversal of the burden that strongly favours the employee.
• What "dismissal" covers. The remedy can also target constructive dismissal (a major change to your conditions that amounts to ending the job).

If the case is not settled through mediation or the CNESST's investigation, it is heard by the Tribunal administratif du travail (TAT).

Psychological and sexual harassment at work

The ALS gives every employee the right to a workplace free of psychological harassment, which includes sexual harassment. Harassment is repeated vexatious behaviour (or a single serious incident) that harms dignity or integrity and makes the workplace harmful.

• The employer's duty. The employer must prevent harassment and put a stop to it once informed. It must adopt a policy to prevent harassment and handle complaints of psychological and sexual harassment, including confidentiality measures.
• The deadline to complain. You have 2 years after the last incident of harassment to file a complaint with the CNESST.
• The process. The CNESST reviews the complaint, may offer mediation, conduct an investigation, then decide to transfer the case to the TAT if needed.
• The link with health and safety. If the harassment has harmed your health (a psychological injury, for example), an employment injury claim (Side B) can also be considered, alongside the harassment complaint.

Reprisals, monetary complaints and differences in treatment

Beyond dismissal and harassment, the ALS also protects against several other situations · each with its own deadline.

• Reprisals / prohibited practices. An employer cannot dismiss, suspend, transfer or penalize you because you exercised a right provided by law (for example, claiming unpaid wages, taking a leave, filing a complaint). A complaint about a prohibited practice is generally filed within 45 days of the measure.
• Monetary complaint (amounts owed). If the employer does not pay wages, overtime, vacation or another amount provided by the ALS, you can file a monetary complaint with the CNESST, generally within 1 year from the moment the amount became due.
• Differences in treatment ("orphan clauses"). The law prohibits giving an employee, solely because of their hiring date, a working condition less favourable than that of others who do the same tasks in the same establishment (s. 87.1 ALS). Depending on your situation, the remedy may go through a grievance or a complaint to the CNESST.

Because deadlines vary from one remedy to another, always write down the date of the event and get information quickly, so a limitation period does not close a door on you.

Work accident and occupational disease: the claim

This is the heart of Side B. If you are injured at work or made sick by your work, the LATMP guarantees you care, an income and a right to return. The first steps matter.

• Tell your employer as soon as possible and see a health professional. The doctor treating you plays a central role: they issue themedical certificate and set out your diagnosis, your limitations and your incapacity.
• File the claim. For a work accident (or a relapse, recurrence or aggravation of an injury already recognized), you generally have 6 months to send your claim to the CNESST.
• Occupational disease. The deadline (generally 6 months) starts when you are made aware that your illness is linked to your work (check your exact situation, since the starting point can vary).
• Keep the evidence. Keep everything: the accident report, witness names, emails, medical notes, receipts for medication and travel.

Benefits, temporary assignment and return to work

Once the injury is recognized, the CNESST pays benefits and oversees your return to work.

• Income replacement indemnity (IRI). It comes to about 90% of your net income, paid by the CNESST, usually every 2 weeks. The calculation takes into account a maximum insurable earnings amount revised every year (check the amount in force at cnesst.gouv.qc.ca).
• Care and rehabilitation. Care related to the injury is paid for, and rehabilitation (physical, social, vocational) can be offered if needed.
• Temporary assignment. The employer can give you lighter temporary work while you recover, but only if your treating doctor authorizes it (the doctor finds the proposed work compatible with your condition). You can challenge an assignment you consider unsuitable.
• Right to return to work. The LATMP protects your employment relationship for a period that depends on the size of the business and the length of the absence.
• Relapse, recurrence or aggravation (RRA). If your condition worsens after consolidation, you can file a new claim for an RRA · again, with a deadline to watch.

Challenging a CNESST decision: review and TAT

In health and safety (Side B), the CNESST issues written decisions (admissibility, consolidation, IRI, and so on). If you disagree, there is a two-step challenge process · with short, strict deadlines.

• Step 1 · Administrative review. You ask the CNESST to review its own decision. The deadline is generally 30 days after you receive the decision. The Direction de la révision administrative (DRA) then issues a new decision.
• Step 2 · Challenging before the TAT. If you still disagree with the DRA decision, you can challenge it before the Tribunal administratif du travail within 60 days of its notification. (This deadline was 45 days before April 6, 2023 · which is why it matters to check the current deadline at tat.gouv.qc.ca.)
• Shortened deadlines. For certain urgent decisions · reassignment to other tasks, right of refusal, preventive withdrawal, an inspector's decision -, the deadline to challenge before the TAT is instead 10 days.
• In labour standards (Side A), complaints (dismissal, harassment, prohibited practice) that are not settled at the CNESST are also heard by the TAT.

Golden rule: never let a deadline slip. As soon as you receive a decision, write down the date you received it and work out your deadline right away. When in doubt, act early rather than late.

Medical and evidence documentation: your best ally

In a work case, and especially in health and safety · the outcome often depends less on what actually happened than on what you can show. Continuous, consistent documentation is what makes the difference.

• See your doctor regularly and make sure every symptom, limitation and change is recorded in the medical file. A "gap" of several weeks with no follow-up can be used to argue that your condition had recovered.
• Keep a dated log of pain, incidents, exchanges with your employer and your appointments.
• Keep every written document : CNESST decisions (with the date you received them), letters, emails, pay stubs, the employer's harassment policy.
• Write down the names of witnesses and what they saw, early, while memories are fresh.

This discipline does not replace legal advice, but it makes every remedy much stronger, and it is entirely in your hands.

General information, and where to get real advice

This guide providesgeneral legal information about employment law in Quebec. It is not legal advice, not a strategy tailored to your case, and not a prediction of how your case will end. Laws, amounts and deadlines change: always check current information with official sources before acting.

For advice tailored to your situation, you can turn to:

• The CNESST (cnesst.gouv.qc.ca) · for official information, forms, and filing a complaint or a claim.
• Legal aid · free or low-cost services depending on your income.
• A community justice centre · free, accessible legal information, in person or remotely.
• Juripop · accessible legal services, particularly for harassment and employment law.
• The Barreau du Québec lawyer referral service · for a first reduced-rate consultation with a lawyer.
• Organizations that defend non-unionized workers (such as Au bas de l'échelle) · information and support.

This guide is general legal information about Quebec law, not advice on your situation. Rules and amounts change: always check the official source. For a specific question, a lawyer, legal aid or a community justice centre remain the references.