Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division I - Civil recourses (Section 98 to 121)
Settlement of a claim null
Any settlement of a claim between an employer and an employee which involves a reduction of the amount claimed is absolutely null.
1979, c. 45, s. 101; 1999, c. 40, s. 196.
The aim of this provision is to protect the employee who makes a settlement directly with his employer without knowing all of the rights that he enjoys under the Act.
Where the Commission deems that the employee agreed to a settlement that is contrary to public order, it can claim the amounts payable to him and the settlement made cannot be invoked against it.
For example, an agreement signed by the employee and employer that stipulated that the employee waived payment of his annual leave would be null and void. The Commission could have this agreement declared null and void, as it would violate the Act whose provisions are of public order (see the interpretation of section 93 ALS).