Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division I.1 - Recourse against prohibted practices (Section 121.1 to 123.5)
Section 123.5
Employees not covered by a certification
The Commission may, in any proceeding relating to this division, represent an employee who is not a member of a group of employees covered by a certification pursuant to the Labour Code (chapter C-27).
- Interpretation
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The Commission des normes du travail may represent a non-unionized employee when exercising recourse provided for in sections 122 to 123.2 ALS. This power is not discretionary. The legislator wanted to protect the exercise of the employee’s rights. The power to represent the employee is associated with the duty to represent him when the conditions of the recourse are brought together, and the employee requests it.