Doing Business in Québec
EMPLOYMENT All workers in Québec have the right to work in French. Employers are prohibited from dismissing, laying off, demoting or transferring an employee only because that 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 qualifies 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. A predetermined form employment contract cannot be drafted exclusively in a language other than French, even at the express wish of the parties. The Charter also requires businesses to promote the use of the French language within an enterprise situated in Québec. This obligation increases with the size of the business.
However, there are two exceptions. First, it can be drafted in another language if a French version of the contract has first been provided to the party that has not drawn up the contract and it is the express intention of the parties to be bound only by the version in a language other than French. Second, certain enumerated contracts, including contracts used in relationships outside Québec, can be drafted in another language if that is the express wish of the parties; in that case the parties should include an express choice-of- language clause. Failure to comply with these Charter requirements can lead to serious consequences, including the right of a person to ask for the nullification or a reduction of their obligations and the application of specific rules regarding proof and the ability to invoke parts of the contract against any other parties. ORDER FORMS AND INVOICES Order forms, invoices, receipts and releases must be drafted in French. However, such documents may be written in both French and another language, provided that the French version is available on terms at least as favourable as their version in the other language.
The Office de la langue française is the Québec government authority that oversees the implementation of the Charter in business and commerce.
10
Davies | dwpv.com
Powered by FlippingBook