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Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Chapter IV - Larbour standards (Section 39.1 to 97)

Division V.0.1 - Absences Owing to sickness, an organ or tissue donation, an accident, domestic violence, sexual violence or a criminal offence (Section 79.1 to 79.6)

Section 79.5

Dismissal or layoffs

If the employer makes dismissals or layoffs that would have included the employee had the employee remained at work, the employee retains the same rights with respect to a return to work as the employees who were dismissed or laid off.

2002, c. 80, s. 27.


Since May 1, 2003, the Act has expressly stipulated that the employee retains the same rights as the employees dismissed or laid off, when the employer, during the period the employee was absent, makes layoffs or dismissals that would have included him. In particular, the employee retains his rights concerning return to work. For example, if rights such as seniority, right to recall, transfer, the right to reclassification apply in the undertaking, the employer must grant these rights to the absent employee.