Doing Business in Québec
HEALTH AND SAFETY The employer’s and employee’s rights and obligations regarding the health, safety and dignity of employees are governed by the Act respecting occupational health and safety . The following are some of the employer’s main obligations: – Ensure establishments are equipped and arranged to protect workers. – Ensure that the organization of the work and the working procedures and techniques do not adversely affect the safety or health of workers. – Give workers adequate information regarding the risks associated with their work and provide them with the appropriate training, assistance or supervision. – Take measures to protect any workers who are exposed in the workplace to physical or psychological violence, including spousal, family or sexual violence. Among other things, employers must adopt and make available to employees a policy for preventing harassment and handling complaints. Employees have the right to refuse to perform any specific work that they have reasonable grounds to believe could endanger their health, safety or physical or mental well-being. The Commission des normes, de l’équité, de la santé et sécurité au travail has set out various standards to ensure employers meet their obligation to protect the health and safety of their workers. WORKERS’ COMPENSATION The Act respecting industrial accidents and occupational diseases provides for compensation for injuries arising from employment and may include income replacement, compensation for bodily injuries, treatment, rehabilitation and death benefits. Compensation is based on a no- fault system. Workers injured by accidents arising
from employment or suffering from an industrial disease may receive compensation from the fund established for such purposes; they cannot, however, sue the employer for damages. The fund is financed by premiums or assessments paid exclusively by all of Québec’s employers. In certain circumstances, the statute may apply to employers who do not have an establishment in Québec at the time when the accident occurs or the disease is contracted. PENSION AND RETIREMENT SAVINGS PLANS For individuals employed or resident in Québec, the Québec Pension Plan (QPP), which is a public insurance plan, is applicable and mandatory. Government agencies are responsible for collecting the contributions and investing the funds. The employee’s contribution under the QPP is a percentage of earnings, which is matched by the employer’s contribution. The object of the Act respecting occupational health and safety (Québec) is the elimination, at the source, of dangers to the health, safety and physical and mental well- being of workers.
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