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.

The notice of collective dismissal must include:

• the name and address of the employer or the establishment concerned and, if applicable, its Québec entreprise number
• 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
• the name of an employer representative, their title and a telephone number and email address where they can be reached

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 original copy of the notice of collective dismissal must be sent to the Minister of Labour, Employment and Social Solidarity:

• By email:

  [email protected]
• By fax:

  (418) 643-7901
• By mail:

  Direction générale des mesures et services d’emploi
  Ministère du Travail, de l’Emploi et de la Solidarité sociale
  1^er étage
  425, rue Jacques-Parizeau
  Québec (Québec) G1R 4Z1

A copy must be sent to the CNESST:

• By email:

  [email protected]
• By mail:

  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

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.