Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division VI.0.1 - Notice of collective (Section 84.0.1 to 84.0.15)
Section 84.0.2
Employees not affected by dismissal
The following employees are not considered to be employees affected by a collective dismissal:
- an employee who has less than three months of uninterrupted service;
- an employee whose contract for a fixed term or for a specific undertaking expires;
- an employee to whom section 83 of the Public Service Act (chapter F-3.1.1) applies;
- an employee who has committed a serious fault;
- an employee referred to in section 3.
2002, c. 80, s. 49.
- Interpretation
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This provision stipulates that the provisions on collective dismissal do not apply to certain employees:
- An employee who is not credited with three months of uninterrupted service
See the interpretation of paragraph 1) of section 82.1 ALS. - An employee whose contract of employment for a fixed term or for a specific undertaking expires
See the interpretation of paragraph 2) of section 82.1 ALS. - An employee to whom section 83 of the Public Service Act applies
Section 83 of the Public Service Act (R.S.Q., c. F-3.1.1) reads as follows:
"83. For reasons of urgency or of public interest, or for practical reasons, the Conseil du trésor may, after consulting the Commission de la fonction publique, exempt any position or class of positions, owing to its special nature, from any provisions of this Act it may indicate.
In no case may the Conseil du trésor exempt a position or class of positions from the application of sections 64 to 76." - An employee who has committed a serious fault
See the interpretation of paragraph 3) of section 82.1 ALS. - An employee referred to in section 3 ALS
This applies to the following persons:- a person who takes care of or provides care to others (s. 3, para. 2)) ;
- a construction worker (s. 3, para. 3));
- a dependent contractor if the government establishes by regulation the remuneration applicable to him (s. 3, para. 4));
- a student within the context of a job induction program (s. 3, para. 5)); and
- senior managerial personnel (s. 3, para. 6)).
See the interpretation in section 3 ALS.
- An employee who is not credited with three months of uninterrupted service