4 things you need to know about Quebec employment law
Ever hear that when it comes to employment law, Quebec is the “California” of Canada but you don’t really know why? If your company already operates in the province - or is planning to - it’s essential to understand that Quebec’s legal landscape plays by its own rules.
Employment laws in Quebec are rooted in French civil law and governed by the Civil Code of Quebec (CCQ), meaning that many aspects of the employment relationship are handled à la française - a little differently from the English common law system used in the rest of the country.
But don’t worry - while the legal framework may be distinct, it’s far from a barrier. Quebec offers fantastic opportunities for businesses, and with the right knowledge navigating the legal landscape on the employment-side can be straightforward. Whether you’re updating your existing policies or venturing into the Quebec market for the first time, understanding these key differences will help you stay compliant, reduce risk, and create a fair and productive workplace.
Since French is the official language in Quebec, one of the most noticeable differences when doing business in the province is the language requirements. Every employee has the right to work in French, and employers have a legal duty to make sure French is the primary language used in the workplace and for all internal communications. This means that work policies, training materials, tools, and employment documents all need to be readily available in French.
As of June 1, 2025, companies with 25 or more employees now face increased “francization” obligations (francization means the obligation to generalize the use of French within the company), which could require significant adjustments to internal processes and documentation. One key change is the new requirement for companies of this size to register with the Office québécois de la langue française (OQLF), the agency responsible for enforcing the Charter of the French Language. Previously, this requirement only applied to companies with 50 or more employees.
While bilingualism is often valued in the workplace, Quebec law is clear: French must be the dominant language - or in some cases, at least equally prominent. These language requirements go beyond day-to-day internal operations. For instance, job postings must be in French, and if a role genuinely requires knowledge of another language, employers must be prepared to explain on the job posting why this requirement is essential to the position.
Non-compliance can result in complaints and potential sanctions from the OQLF. For companies with 25 or more employees - who are now subject to increased francization obligations - this is an ideal time to review internal practices and ensure that your language policies are fully aligned with Quebec’s legal requirements.
In Quebec, employees, other than senior managers, with two or more years of uninterrupted service benefit from an additional layer of job protection that employers should not overlook. Employees with two or more years of uninterrupted service who believe that they were terminated without a good and sufficient reason have access to a simple and accessible claim process. They can file a complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) - the government body responsible for regulating employment standards in Quebec. The employee will then be provided with free legal representation - a significant advantage that can make pursuing a claim much easier.
It is important for employers to understand that even if they provide reasonable notice or pay in lieu thereof when terminating the employee, that in itself does not protect against a claim for unjust dismissal, unless the employee signs a release of claims.
What is the risk in the event that an employee files such a claim? Unfortunately for employers, the Administrative Labour Tribunal has broad authority and can order remedies including reinstatement with full back pay, or other significant amounts. Given how accessible and employee-friendly this process is, as well as the broad scope of potential consequences, employers should exercise particular caution when terminating employees who have more than two years of service.
While employers may have the right to terminate an employee’s employment without “cause,” this may require significant notice of termination or pay in lieu thereof. Termination notice obligations arise from two distinct but complementary legal sources: the Act respecting Labour Standards (ALS) and the CCQ. The ALS sets out minimum statutory notice periods based primarily on an employee’s length of service - ranging from one to eight weeks - but this represents only the minimum. The CCQ generally requires employers to provide “reasonable notice” when terminating an employee without cause. While reasonable notice encompasses the ALS minimum statutory entitlements, what constitutes reasonable notice is not fixed and can vary significantly depending on the circumstances.
Unlike in many other jurisdictions, Quebec’s dual legal system means that a one-size-fits-all approach may not hold up. Under the CCQ, courts apply a more flexible and fact-sensitive test that often requires longer notice periods or payments in lieu thereof. Factors considered include the employee’s position and responsibilities, age, length and continuity of service, availability of similar employment, and the particular circumstances surrounding the termination. Unlike recent decisions in other provinces, case law in Quebec has maintained 24 months as the maximum reasonable notice period awarded.
It's also important to note that Quebec law limits the ability of the parties to pre-determine or waive termination entitlements in advance. Under the CCQ, parties cannot legally opt out of the obligation to provide reasonable notice, even by mutual agreement. This means that a clause limiting termination notice to the statutory minimum can be challenged before the courts or relevant administrative bodies, no matter how clearly it is drafted. In such a case, the provision will be scrutinized to determine whether it is attempting to override statutory rights. If a termination clause is found to undermine employee rights or fall short of the applicable legal standards, it will not be enforceable - thus leaving the employer exposed to significant liability.
Because of this limitation, termination clauses in employment contracts do not serve a real purpose. Employers should avoid rigid, predetermined notice periods or blanket termination policies that overlook Quebec’s unique legal framework.
When it comes to terminating multiple employees at once, Quebec’s rules are notably strict compared to the other provinces. What’s known here as a “collective dismissal” (also known as a mass layoff in other jurisdictions) happens when, over a two-month period, an employer either:
Terminates the employment of 10 or more employees in the same establishment, OR
Lays off 10 or more employees in the same establishment for a temporary period that lasts six months or longer.
While other provinces may set higher thresholds for triggering mass termination rules, in Quebec, the magic number to remember is just 10 employees. Once you hit that threshold, there are important legal steps to follow. Employers must file a notice of collective dismissal with the Minister of Labour and respect statutory group notice periods under the ALS. These notice periods can range anywhere from eight to 16 weeks, depending on how many employees are affected.
Failure to meet these requirements can lead to penalties, delays, and additional compensation being owed by the employer.
Given the low number of employees required to reach the threshold of a mass termination, along with the administrative complexity and possible significant legal implications, employers should think ahead before taking the plunge. Proper planning and compliance not only mitigates legal risk but also helps maintain organizational stability.
With these four key differences in mind, employers operating in Quebec - or planning to -should take a proactive approach to reviewing their employment practices. Quebec’s distinct legal landscape, shaped by civil law and unique employee protections, sets it apart from the rest of Canada. Understanding and adapting to these differences isn’t just about compliance - it’s also a smart way to reduce legal risk, strengthen employee relations, and support smoother, more efficient operations over the long term.
Shari Munk-Manel, Tina Basile, and Miguel Therrien specialize in labour and employment law at McMillan LLP in Montreal. Shari is also the managing partner of McMillan LLP’s Montreal office.
