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Collective dismissal

Notice of collective dismissal

An employer must post a notice of collective dismissal in their company in accordance with the prescribed notice period. The notice period varies depending on the number of workers affected.

Time between the notice and the departure of workers during a collective dismissal
Number of workers affected Length of time between the notice and the workers’ departure
10 to 99 workers 8 weeks
100 to 299 workers 12 weeks
300 workers or more 16 weeks

The notice of collective dismissal must include:

  • the name and address of the employer or the establishment concerned
  • the sector of activity
  • the name and address of the workers’ associations, where applicable
  • the reason for the group termination
  • the scheduled date of the group termination
  • the number of workers who may be affected by the group termination

To produce a notice of collective dismissal, you can use the “Avis de licenciement collectif ” form or the online service “Produire un avis de licenciement collectif” in the Zone Entreprise of clicSÉQUR – Entreprises.

The employer must:

  • send the original notice of group termination to the ministre du Travail, de l’Emploi et de la Solidarité sociale at the address:

    Direction générale des mesures et services d’emploi
    Ministère du Travail, de l’Emploi et de la Solidarité sociale
    1er étage
    425, rue Jacques-Parizeau
    Québec (Québec) G1R 4Z1
     
  • send a copy of the notice of collective dismissal to the CNESST at the address:

    Bureau de la Vice-présidence aux normes du travail Commission des normes, de l’équité, de la santé et de la sécurité du travail
    Hall Est, 7e étage
    400, boul. Jean-Lesage
    Québec (Québec) G1K 8W1
     
  • send the notice of collective dismissal, where applicable, to the certified association, such as a union, that represents the workers affected by the termination
     
  • post the notice of collective dismissal in a visible and easily accessible place in the establishment concerned
If the notice of collective dismissal is not sent in accordance with the prescribed notice period, the employer may be liable for a fine of $1 500 per week that will be credited to the Fonds de développement du marché du travail.

Indemnity

An employer who does not give sufficient notice must pay the affected workers an indemnity. The indemnity must be equal to the regular wages they would have earned between the date on which the notice should have been provided and the termination of their employment. Overtime must not be included when calculating the indemnity.

In the case of a worker who earns tips, the amount of the reported or attributed tips is considered when calculating the indemnity.

The indemnity must be paid at the time of termination of employment. In the case of a layoff for more than 6 months, the indemnity must be paid no later than 6 months after the layoff date.

Collective dismissal of 50 workers or more

When the number of workers affected by a collective dismissal is equal to or greater than 50, the ministre du Travail, de l’Emploi et de la Solidarité sociale may ask the employer to participate in establishing a reclassification assistance committee. The Minister may also give the employer a financial contribution for the committee’s operating costs.

Important

A notice of termination of employment must also be sent to all workers affected by the group termination.

If workers are entitled to indemnities with respect to the notice of termination of employment and the notice of collective dismissal, they will receive the higher indemnity to which they are entitled. The indemnities are not cumulative.

Laws and regulations

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