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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 VI.1 - Retirement (Section 84.1)

Section 84.1

Voluntary Retirement 

An employee is entitled to continue to work notwithstanding the fact that he has reached or passed the age or number of years of service at which he should retire pursuant to a general law or special act applicable to him, pursuant to the retirement plan to which he contributes, pursuant to the collective agreement, the arbitration award in lieu thereof or the decree governing him, or pursuant to the common practice of his employer.

Dismissal, Suspension, Transfer 

However, and subject to section 122.1, such right does not prevent an employer or, his agent from dismissing, suspending or transferring such an employee for good and sufficient cause.

2002, c. 80, s. 49.


The legislator abolished definitively the right to dismiss an employee for the sole reason that he has reached or passed the age of retirement. In so doing, the legislator put an end to a certain discrimination against workers who, due to their age, could find themselves deprived of their job.

Hence, the legislator wanted to leave it solely up to the employee to decide the time at which he would retire.

Such a legislative measure is in line with the extension of the provisions of the Charter of Human Rights and Freedoms (R.S.Q., c. C-12). Indeed, section 10 of the Charter prohibits any discriminated based, among other things, on age. Section 16 prohibits such discrimination at work in the transfer, layoff, suspension or firing of a person.