Act respecting labour standards Chapter VII - Penal provisions (Section 139 to 147)
Chapter VII - Penal provisions (Section 139 to 147)
Offence and fine
Every employer who does not give the notice required by section 84.0.4, or who gives insufficient notice, is guilty of an offence and is liable to a fine of $1,500 for each week or part of a week of failure to comply or late compliance.
The fines collected pursuant to the first paragraph shall be credited to the Labour Market Development Fund established under section 58 of the Act respecting the Ministère de l’Emploi et de la Solidarité sociale and establishing the Commission des partenaires du marché du travail (chapter M-15.001).
2002, c. 80, s. 73; 2007, c. 3, s. 69; 2011, c. 18, s. 260.
There has been a new penal offence since May 1, 2003. It concerns the failure to give, being late in giving or the insufficient length of the notice of collective dismissal (see the interpretation of section 84.0.4 ALS) sent by the employer to the Minister of Employment and Social Solidarity. The extent of the lateness is calculated from the date on which the employer should have sent the notice, based on the deadlines stipulated in section 84.0.4 ALS. The term "week" is defined in paragraph 11) of section 1 ALS.
For example, an employer who sends a notice to the minister five and a half weeks before proceeding with a collective dismissal, when the notice should have been eight weeks under section 84.0.4 ALS, is liable to a fine of $4,500.