Québec French Language Requirements
All workers in Québec have the right to work in French. Employers are prohibited from dismissing, laying off, demoting or transferring an employee for the sole reason that the employee has insufficient knowledge of a language other than French. Requiring knowledge of a language other than French for employment or a position is prohibited unless the nature of the duties requires such knowledge. Employers must compose and publish written communications to staff and offers of employment or promotion in French. Employment application forms, documents relating to employment conditions and training documents must be available in French for employees. In addition, an employment contract that qualify as a predetermined “form” employment contract (i.e., a contract in which stipulations were imposed or drawn up by the employer and were not negotiable) must be provided in French to the employee. Such a predetermined employment contract cannot be drafted exclusively in a language other than French even at the express wish of the parties. Businesses are also obligated to promote the use of the French language within an enterprise situated in Québec. This obligation increases with the size of the business. In recent years, termination provisions in employment agreements have been subject to increasing court scrutiny and sometimes such a provision has been found to be unenforceable if it could breach minimum standards legislation, even if only theoretically. Where such a provision is not
enforceable, the employee will be entitled to reasonable notice at law.
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