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

Recall privileges

In the case of an employee who, under a collective agreement, is entitled to recall privileges for more than six months, the employer is bound to pay the compensatory indemnity only from the first of the following dates:

1. the expiry of the recall privileges of the employee;
2. one year after layoff.

Exceptions

An employee referred to in the first paragraph shall not be entitled to the compensatory indemnity

1. if he is recalled before the date on which his employer is bound to pay the indemnity and if subsequently he works for a period equal to or longer than that of the notice prescribed by section 82;
2. if he is not recalled owing to superior force.

1990, c. 73. s. 36.

Interpretation

This provision refers to employees who, under a collective agreement, are entitled to recall privileges for a period of over six months. These employees can demand payment of the layoff indemnity, from the first of the following dates:

1. from the expiry of the recall privileges if they have not been recalled to work, or;
2. one year after layoff where the recall privileges are for a period over one year.

If an employee is recalled to work prior to the first of these two dates, he cannot demand the payment of an indemnity if the length of work after recall is at least as long as that of the notice to which he would have been entitled under section 82 ALS.

Moreover, an employee recalled to work for a duration that is less than the notice will be entitled to an indemnity equal to the wages to which he would have been entitled for the duration of the notice, less the wages received for the days of work. For example, if the employee returns to work for three days, when he was entitled to a two-week notice, he may then require payment of an indemnity representing two weeks of wages, minus the three days worked.

An employee who refuses to return to work after a recall made in accordance with a collective agreement, cannot take advantage of the provisions under section 83.1 ALS; no indemnity is payable in such case.

Where the employee is not recalled owing to a case of superior force, no indemnity is payable to the employee.