Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division VII.1 - Differences in treatment (Section 87.1 to 87.3)
A condition of employment based on seniority or years of service does not contravene section 87.1.
1999, c. 85, s. 2.
This provision is interpretative in nature.
Indeed, section 87.1 ALS prohibits differences based solely on the hiring date. The use of the term “solely” necessarily implies that other reasons may be invoked by the employer, including those of seniority and years of service stipulated in section 87.2 ALS. The same is true for reasons such as: qualifications, experience, performance, merit rating or quantity of production.
While seniority or years of service generally accrue after the date of hiring, it is important to note that they may progress differently between employees hired on the same date when they are based on the total number of hours worked, the period when a position is held, the employment period in a given sector of the undertaking or in the same establishment of the employer. That is why a difference in treatment that is based on seniority or years of service is not prohibited.
However, it would be otherwise if the employer wanted, in relation to the same seniority and same years of service, to provide for conditions of employment that are less advantageous for the employees hired after a certain date.