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

Child under the age of 14 

No employer may have work performed by a child under the age of 14 years, except in the cases and on the conditions determined by regulation of the Government. In such cases, the employer must obtain the written consent of the holder of parental authority over the child or of the child’s tutor using the form established by the Commission.

The form specifies the child’s principal tasks, maximum number of hours of work per week and periods of availability. Any modification made to any of those elements must be the subject of new written consent.

The employer must preserve any consent form as if it were an entry required to be made in the registration system or register referred to in paragraph 3 of section 29.

1997, c. 72, s. 5; 1999, c. 52, s. 11., 2023, c. 11, s. 2.

Interpretation

See section 35.0.3 of the Regulation respecting labour standards for exceptions and the conditions under which an employer can employ a child under the age of 14.

Transitional

Notice of termination of employment

On June 1, 2023, an employer who employs a child under 14 years of age performing work to which the prohibition set out in the first paragraph of section 84.3 of the Act respecting labour standards applies must send the child a written notice of termination of employment no later than on July 1, 2023. The duration of the notice depends on how much uninterrupted service with which the child is credited.

Duration of notice of termination of employment eaccording to the uninterrupted service credited to the child

Duration of notice of termination of employment	Uninterrupted service credited to the child
None	Less than 3 months
1 week	3 months to less than 1 year
2 weeks	1 to 2 years
3 weeks	2 years or more

Compensatrory indemnity

The employer may have the child perform work during the period of notice to which the child is entitled or pay the child a compensatory indemnity equal to the child’s regular wage, excluding overtime, for a period equal to the period or remaining period of notice to which the child was entitled. The indemnity must be paid at the time the employment is terminated.

The indemnity to be paid to a child who is remunerated in whole or in part by commission is established from the average of the child’s weekly wage, calculated from the complete periods of pay in the three months preceding the termination of employment.

Obtaining consent

An employer who has a child under 14 years of age perform work in accordance with section 35.0.3 of the Regulation respecting labour standards must obtain the consent provided for in the first paragraph of section 84.3 of the Act respecting labour standards using the form provided by the Commission, not later than July 1, 2023.

1999, c. 52, s. 11; 2023, c. 11, s. 3.