What’s New in 2025
- Minimum wage increase (1 May 2025)
- Restrictions on medical certificates (1 January 2025)
- Stricter enforcement of French language law (1 June 2025)
- Obligations regarding harassment and sexual assault (1 October 2025)
Overview of Employment Law in Quebec
Federal vs. provincial jurisdiction
In Canada, employment law is split between federal and provincial governments. Québec governs most workplaces in its province through its own labour standards and occupational health and safety laws. However, certain industries fall under federal regulation.
The Canada Labour Code governs employees in federally regulated sectors. These include:
- Banking.
- Interprovincial and international transportation (rail, air, shipping, and trucking that crosses provincial or national borders).
- Telecommunications and broadcasting (radio, television, internet providers, and phone companies).
- Postal and courier services.
- Federal Crown corporations and the federal public service.
- Certain First Nations–related enterprises, depending on constitutional arrangements.
About 94% of Canada’s workforce isn’t federally regulated. Thus, for most Canadians, provincial labour codes apply.
Unless otherwise stated, the information provided below applies to employees working in provincially regulated industries in Québec.
Key employment legislation
The primary provincial law that governs employment standards in Québec is the Act respecting labour standards (ALS), administered by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). The law covers various employees, whether they’re full-time, part-time, temporary, or seasonal. However, certain groups are excluded, such as senior managers, independent contractors, and those employed in federally regulated industries.
The Charter of the French Language also imposes obligations on employers to ensure French is the normal and everyday language of work.
Moreover, protections against discrimination and harassment in employment come from the Charter of Human Rights and Freedoms, which applies to all workplaces in the province.
Wages and Pay Rules
Minimum wage
In Québec, the general minimum wage is set at $16.10/hour, and this rate came into effect on 1 May 2025. It applies equally to full‑time, part‑time, commission‑based, or piece‑work employees.
A special minimum rate exists for workers who customarily receive tips, such as workers in tourist accommodations or servers in restaurants or establishments serving meals or alcoholic beverages. For these tipped employees, the minimum is $12.90/hour, also effective since 1 May 2025. Strawberry and raspberry pickers also have special minimum wages, at $1.28/kilogram of strawberries and $4.78/kilogram of raspberries.
Québec’s minimum wage is adjusted annually, with increases scheduled 1 May of each year.
Overtime pay
Overtime pay is triggered when an employee works more than 40 hours in a single week. Every additional hour must be compensated at a premium rate of 1.5 times the employee’s regular hourly wage.
Certain categories of employees are excluded from these provisions, including senior managers and employees whose work schedules already provide equivalent or greater benefits through averaging agreements approved by the CNESST. These agreements allow working hours to be spread unevenly over a period of up to 4 weeks, and as long as the average doesn’t exceed 40 hours, employers don’t have to pay overtime. There are also exceptions for some industries where work hours fluctuate seasonally or operational needs require flexibility.
Employers and employees can agree in writing to replace overtime pay with paid time off at the same 1.5-hour rate. For each overtime hour worked, the employee is entitled to 1.5 hours of leave to be taken within a set timeframe.
Statutory holiday pay
Québec’s ALS sets out rules for statutory holidays. These apply to most provincially regulated employees. Recognized holidays include:
- 1 January (New Year’s Day).
- Good Friday or Easter Monday (employer’s choice).
- The Monday before 25 May (National Patriots’ Day).
- 24 June (National Holiday / St-Jean-Baptiste Day).
- 1 July (Canada Day; 2 July if 1 July falls on a Sunday).
- First Monday of September (Labour Day).
- Second Monday of October (Thanksgiving).
- 25 December (Christmas Day).
In Québec, employees qualify for statutory holiday pay if they aren’t absent without their employer’s consent or a valid reason on the working day immediately before or after the holiday. There’s no requirement for a minimum length of service, and full-time and part-time employees are entitled to this benefit.
Holiday pay is generally calculated based on recent earnings. For most employees, this equals one-twentieth of the wages earned in the 4 full weeks preceding the holiday, excluding any overtime. Employees paid partly or entirely on commission receive pay equal to one-sixtieth of the wages earned in the 12 full weeks before the holiday.
When an employee works on a statutory holiday, they’re entitled to both their holiday pay and their usual wages for the hours worked. As an alternative, the employer may grant a compensatory day off of equal length, to be taken within 3 weeks before or after the holiday.
Pay frequency and deductions
Wages must be paid on a regular schedule, and that schedule can’t exceed 16 days between payments. However, managers and contractors may be paid monthly.
Deductions from wages are strictly limited. Employers may withhold only those amounts required by law, such as income tax, employment insurance, or pension plan contributions. Other deductions, such as for group insurance premiums or union dues, are permitted if they’re authorized by statute or through a collective agreement. Any other deductions—for example, for uniforms, equipment, or advances—require the employee’s written consent and must clearly state the specific amount or method of calculation.
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Working Hours and Rest Breaks
Standard work hours
In Québec, the standard workweek is 40 hours, with some exceptions. This threshold is what’s used to determine when overtime pay kicks in and isn’t grounds for employees to refuse work.
Employers and employees can enter into averaging agreements with the approval of the CNESST where hours are spread unevenly over a period of up to 4 weeks (again, these agreements are used to determine when overtime becomes payable).
That said, the ALS prohibits employers from demanding more than 14 consecutive hours of work in a single day, except in cases of “force majeure” where urgent, unforeseeable circumstances make it unavoidable. If asked to work more than 50 hours in a week, most employees have the right to refuse. Those with averaging agreements may not be able to refuse without risking their jobs.
Meal and rest breaks
Québec employees who work more than 5 consecutive hours must receive a 30-minute meal break. This period is generally unpaid, unless the worker is required to stay available for duties during the break.
There’s no legal requirement for shorter rest breaks like coffee or smoke breaks, though many workplaces choose to provide them.
Rest days
Every 7-day period must include at least 1 full day off, typically Sunday, and that day of rest must amount to a minimum of 32 consecutive hours.
Split shifts, reporting pay, and on-call time
Québec law doesn’t prohibit split shifts.
If a worker is required to report for duty, even for a short period, they must receive at least 3 hours’ pay at their regular rate. This rule applies whether the employee is asked to return later the same day or if their shift is unexpectedly cut short. It helps guarantee a minimum income for each shift worked.
On-call or standby time is treated differently depending on the level of restriction placed on the employee. If the employee must remain at the workplace or be available in such a way that their time isn’t truly their own, this period counts as work and must be fully compensated. However, if the employee must simply be reachable by phone or pager but is free to go about personal activities, that time generally isn’t considered paid work, unless the employee is actually called in.
Once an employee is called in, the same 3-hour minimum pay rule applies, even if the assignment is shorter.
Leave Entitlements
Vacation leave
In Québec, vacation entitlements are based on an employee’s length of uninterrupted (continuous) service with the same employer:
- 1 year: 1 day per month, up to 2 weeks.
- 2 years: 2 consecutive weeks.
- 3 years: 3 weeks.
Vacation must be taken in the 12 months following the reference year in which it was earned. Employers have the right to schedule when vacation is taken, but they must consult employees and provide reasonable notice. If an employee is entitled to more than 1 week, the employer is generally expected to allow it to be taken in a single continuous period, unless the employee agrees to divide it.
Vacation pay
An employee’s vacation pay (which they receive in addition to vacation leave) is calculated as a percentage of their gross wages from the reference year: 4% for employees entitled to 2 weeks, and 6% for those entitled to 3 weeks. The gross wages calculation includes salary, overtime, statutory holiday pay, and most bonuses, but excludes expenses and allowances.
Sick leave and personal emergency leave
After 3 months’ continuous service, employees may take up to 2 days’ paid leave per year for illness, accident, organ or tissue donation, or domestic violence, or to fulfill family obligations. These 2 days are part of a broader category of personal leave. Beyond that, employees can take additional unpaid time off for the same reasons.
For longer illnesses or serious family obligations, the law provides up to 26 weeks’ unpaid leave within a 12-month period, which is available to employees with at least 3 months’ service. Special extensions apply in cases of work injuries, critical illness of a child, or disappearance or death of a child due to a crime.
Employers may require employees to provide documentation to justify an absence. However, as of 1 January 2025, they may not do so for leaves of 3 days or less.
Parental and maternity leave
Pregnant employees are entitled to up to 18 weeks’ maternity leave. This leave may begin as early as the 16th week before the expected due date and must end no later than 20 weeks after the birth. Québec also mandates paternity leave of 5 weeks, which may not be transferred to the mother.
Parental leave is separate from both maternity and paternity leave. Parental leave lasts up to 65 consecutive weeks and can be used by either parent, or shared between them, within the first year and a half following the child’s birth. For adoptive parents, the same parental leave rules apply, beginning at the time the child is placed with the family.
These leaves are job protected, meaning the employer must reinstate the employee to their position, or to an equivalent role with the same wages and benefits, at the end of the leave. Seniority and vacation entitlements also continue to accumulate during the absence. Employers can’t terminate, suspend, or demote an employee because they’re pregnant, on this leave, or planning to take this leave.
While the province sets the leave rules, income replacement is provided separately through federal Employment Insurance (EI) maternity and parental benefits or through Québec’s own program, the Québec Parental Insurance Plan (QPIP). Both EI and QPIP are funded through mandatory contributions levied on both employees and employers. QPIP generally offers higher flexibility and benefits than EI and covers most Québec workers, including self-employed individuals who pay into the plan.
Bereavement leave
In Québec, employees are entitled to bereavement leave when a close family member passes away. An immediate family member includes a spouse, child, child of a spouse, parent, sibling, grandparent, or grandchild. The entitlement also applies when an employee loses a parent, sibling, or child of their spouse, as well as in-laws in certain circumstances.
The length of the leave depends on the relationship. When a spouse, child, or parent dies, the employee may take up to 5 consecutive days of leave, including 2 paid days for those with at least 3 months of continuous service. Following the deaths of other close relatives, such as siblings or grandparents, the entitlement is 1 day of unpaid leave.
The leave doesn’t always need to be taken immediately. Employees may postpone or split their bereavement leave, provided the leave is connected to the event and taken within a reasonable timeframe. This flexibility allows employees to attend funeral services, memorials, or related obligations that don’t fall immediately after the death.
Domestic violence or compassionate care leave
Employees who have at least 3 months of continuous service may take up to 26 weeks’ unpaid leave within a 12-month period if they must be absent due to domestic violence, sexual violence, or a criminal offence committed against them or their minor child. This same leave entitlement also applies when an employee must care for a close family member who’s seriously ill or injured. During this period, the employee’s job is protected, and they must be reinstated to their role or a comparable one when they return.
Jury duty and civic leave
In Québec, employees who are called for jury duty or required to testify as a witness in court are entitled to be absent from work for the necessary time. Employers can’t dismiss, discipline, or otherwise penalize employees for fulfilling these obligations.
This leave is generally unpaid. Once the employee’s service is complete, they must be reinstated in their position or in an equivalent role with the same wages and benefits.
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Types of Employment
Full-time, part-time, and casual
Generally, full-time employees are those who work the standard workweek of around 40 hours. These workers are entitled to the full range of benefits under provincial law, including vacation accrual at the statutory rate, eligibility for paid statutory holidays, and access to leaves of absence.
Part-time employees work fewer than the standard weekly hours, often on a regular but reduced schedule. They’re entitled to the same rights as full-time employees but on a prorated basis. They also qualify for statutory holiday pay and leaves of absence, though the amounts received will reflect their reduced hours.
Casual employees are engaged on an irregular or occasional basis, often to cover peak demand or short-term absences. Despite their intermittent schedules, they’re entitled to minimum standards such as vacation and holiday pay and protections against harassment or unsafe working conditions.
Temporary and seasonal work
In Québec, temporary and seasonal workers are generally entitled to the same protections as permanent employees are when it comes to minimum wage, overtime pay, statutory holidays, and leaves of absence.
However, vacation pay works differently: Instead of time off, they’re usually paid a percentage of gross wages on each paycheque: 4% for under 3 years of service, or 6% for 3+ years.
Seasonal industries such as agriculture, tourism, or construction often rely on temporary labour, and while the core standards apply, collective agreements or special sectoral rules can sometimes alter scheduling and overtime arrangements. For instance, averaging agreements may be used in sectors where work hours peak during a short season.
Independent contractors and misclassification
In Québec, the distinction between an employee and an independent contractor is critical, since employment standards protect only employees.
Courts and the CNESST apply several tests to determine whether a worker is truly self-employed. The most important factor is subordination: whether the worker is under the authority and control of the employer regarding how, when, and where work is performed. A worker who’s integrated into the employer’s business, performs tasks essential to its operations, and depends on the employer for income is likely to be considered an employee.
If the CNESST or a court determines that an employer has misclassified an employee as a contractor, the employer may be held liable for several years’ backpay for unpaid wages, overtime, vacation pay, and statutory holiday pay.
Termination and Final Pay
Notice requirements
When an employer ends a contract without cause, they must provide written notice of termination. The notice period depends on the employee’s length of uninterrupted service:
- Less than 3 months: No notice required.
- 3 months to less than 1 year: 1 week notice.
- 1 year to less than 5 years: 2 weeks’ notice.
- 5 years to less than 10 years: 4 weeks’ notice.
- 10+ years: 8 weeks’ notice.
Instead of requiring the employee to work through the notice period, the employer may provide pay in lieu of notice equal to the wages the employee would’ve earned during the notice. This amount must be paid in a lump sum and includes regular wages, vacation pay, and any benefits tied to earnings.
The rules are different when an employee is terminated for cause. In cases of serious misconduct, such as gross negligence or insubordination, the employer may end the employment immediately without providing notice or pay in lieu. The threshold for just cause is high and must be supported by clear evidence, as dismissals can be challenged.
Rules are also different in cases of collective dismissal. If an employer intends to terminate the employment of 10+ employees in the same establishment within a 2-month period, they must give advance notice to the affected employees and the Québec Ministry of Labour. The notice period is longer than for individual dismissals, ranging from 8 to 16 weeks depending on the number of employees impacted.
Severance pay
In Québec, there’s no general requirement for severance pay beyond the notice of termination or pay in lieu that an employer must provide when ending employment without cause.
Final pay deadlines
Employers must provide all outstanding wages, including vacation pay, no later than the next regular payday following a termination, and always within a maximum of 7 days after the end of the pay period. Employees must also receive a written statement outlining the amounts paid and deductions made.
Workplace Health and Safety
Employer duties
In Québec, workplace health and safety is governed by the Act respecting occupational health and safety.
Under this law, employers have various key duties, including:
- Providing training and supervision so that employees understand how to perform their work safely and respond in case of emergencies.
- Identifying, correcting, and preventing hazards in the workplace, whether physical, chemical, biological, or ergonomic.
- Supplying and maintaining protective equipment at no cost to employees, and ensuring its proper use.
- Implementing health and safety programs appropriate to the size and risks of the workplace, often developed in collaboration with a prevention representative or committee.
- Investigating and reporting workplace accidents and incidents to the CNESST, as well as keeping required registers of injuries and exposures.
- Accommodating pregnant or nursing employees by modifying duties or reassigning work when needed to protect their health.
- Promoting psychological well-being, which includes addressing risks of harassment, violence, and psychosocial hazards at work.
- Consulting and cooperating with worker representatives and health and safety committees, where required, to continually improve prevention measures.
Worker rights
In Québec, nearly all employees are guaranteed strong rights to help maintain safe, healthy workplaces,
One of the most important rights is the right to refuse unsafe work. Employees are also protected from reprisal for exercising their health and safety rights. An employer can’t discipline, suspend, dismiss, or otherwise disadvantage a worker because they reported a hazard, participated in a safety investigation, or refused dangerous work.
If such reprisals occur, the worker can file a complaint with the CNESST, which has the authority to intervene and, if needed, reinstate the worker or award compensation. Workplaces must also provide mechanisms for worker participation.
Reporting requirements
When a workplace injury or occupational disease occurs, the employee must notify the employer as soon as possible. The employer, in turn, is required to record the event in the workplace register and provide the worker with the appropriate CNESST form to make a claim. If the injury or illness causes the worker to miss more than 1 day of work, the employer must also send a report to the CNESST, usually within 5 days of being informed.
Serious accidents (resulting in serious injury or death) must be reported to the CNESST immediately. Employers must preserve the accident site until inspectors arrive, unless doing so would endanger others or prevent essential operations.
Workers’ compensation
CNESST administers the workers’ compensation system and provides financial and medical support to employees who suffer workplace injuries or develop occupational diseases.
When an accident occurs, the injured worker must notify their employer promptly and seek medical attention. They also must file an application to claim reimbursement of healthcare, travel, and accommodation costs. The CNESST then evaluates the claim and, if accepted, provides income replacement benefits to cover wages lost during recovery. These indemnities generally equal a percentage of the worker’s net earnings, ensuring financial security while they’re unable to work. The CNESST also covers medical treatments, rehabilitation costs, and specialized equipment required for recovery.
Support extends beyond compensation. The CNESST develops return-to-work or rehabilitation plans tailored to the worker’s condition. This may involve modified duties, reduced hours, or workplace adaptations so the employee can safely reintegrate. If a worker suffers a permanent impairment, the system can also provide lump-sum compensation in addition to ongoing support.
Employers fund the system through annual contributions, similar to an insurance premium. The CNESST also works with employers on accident prevention, inspections, and training programs.
Recordkeeping Requirements
Required records
Employers must keep detailed employment records so that compliance with labour standards and workplace safety rules can be verified. These records must be accurate, accessible, and retained for a set period of time.
Employers must maintain records of the following:
- Employee identification and job information, including name, address, date of birth, job title, and date of hire.
- Work hours, including daily start and finish times, overtime, and paid breaks.
- Wages and pay statements, showing regular pay, overtime, vacation pay, holiday pay, deductions, and net amounts paid.
- Leaves of absence, including sick, parental, bereavement, and any other statutory or employer-granted leave.
- Workplace accidents or incidents, plus health and safety measures taken.
Recordkeeping requirements vary by type. Registers, pay equity, and tax documentation must be kept for at least 6 years. Health & safety records must be kept for at least 5 years. Payroll documents must be kept at least 3 years.
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Workplace Rights and Protections
Human rights and anti-discrimination
The Charter of Human Rights and Freedoms is enforced by the Commission des droits de la personne et des droits de la jeunesse (CDPDJ).
The law prohibits discrimination in hiring, promotion, compensation, training, and termination on the basis of protected characteristics. These include:
- Race.
- Colour.
- Ethnic or national origin.
- Sex.
- Gender identity or expression.
- Sexual orientation.
- Age.
- Religion.
- Civil status.
- Pregnancy.
- Social condition.
- Political convictions.
- Language.
- Disability.
Harassment linked to any of these grounds is also considered a form of discrimination.
Employers have a duty to provide equal treatment and accommodate employees who are disadvantaged by workplace rules or practices because of a protected characteristic.
The duty to accommodate is especially important in cases involving disability, pregnancy, or religious observance. It requires employers to make reasonable adjustments—such as modifying schedules, adapting equipment, or adjusting job duties—unless doing so would cause “undue hardship” based on cost or health and safety risks.
An employee who believes they’ve been discriminated against or harassed can file a complaint with the CDPDJ. The commission investigates and may try to resolve the issue through conciliation. If no settlement is reached, the matter can be referred to the Human Rights Tribunal of Québec, which has authority to order remedies such as reinstatement, compensation for lost wages, and damages for moral or punitive harm.
French language rights
Pursuant to the passage of Bill 96, employers with 25+ employees must register with the Office québécois de la langue française (OQLF) and submit to an analysis of the use of French in their workspace as of 1 June 2025. Under Bill 96, French is the only official language of Québec, and workers have “a right to carry on their activities in French.” Should they assess that this right is not actionable in a given workplace, OQLF agents may mandate a language correction plan.
Harassment and violence policies
When it comes to harassment or violence, Québec law requires employers to have a policy for prevention and handling of complaints as of 1 October 2025. Any worker who experiences or witnesses psychological harassment, including sexual harassment, can file a complaint internally according to this policy. Employers must investigate promptly and take corrective measures.
Employees may also file a formal complaint directly with the CNESST within 2 years of the last incident if the matter can’t be resolved internally.
Rights of vulnerable workers
Youth workers are subject to restrictions designed to protect their health and education. Children under 14 generally can’t be employed without written parental consent, and certain types of hazardous work are prohibited. School attendance is prioritized, and employers must ensure that work schedules don’t interfere with a minor’s education.
Migrant workers, including temporary foreign workers, enjoy the same labour standards as Québec workers. Employers must also respect the terms of their work permits and provide safe working conditions. Both the CNESST and the Québec Ministry of Immigration have oversight roles to prevent abuse.
Persons with disabilities are protected under the Québec Charter of Human Rights and Freedoms, as discussed above.
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Government Resources and Support
Provincial Labor Ministry
In Québec, workplace rights and employment standards are overseen by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).
Workers’ Compensation Board
In Québec, workers’ compensation is also administered by the CNESST. The CNESST acts as both the regulator and the compensation board, handling workplace accident prevention, claim management, and rehabilitation.
Federal Resources
- Canada Revenue Agency – Payroll Deductions
- Service Canada – EI and Parental Benefits
- Canadian Centre for Occupational Health and Safety
- Canada Labour Code
Disclaimer
The information in this guide is intended for general informational purposes only and does not constitute legal advice. Employment laws change frequently, and outcomes may vary depending on your specific circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. For guidance, consult the appropriate provincial labor authority or a qualified employment lawyer.