Workplace Violence & Harassment
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The following is © Éditeur officiel du Québec
http://www.canlii.org/en/qc/laws/stat/rsq-c-s-2.1/latest/rsq-c-s-2.1.html
R.S.Q., chapter N-1.1
An Act respecting labour standards
CHAPTER III
RIGHTS AND OBLIGATIONS
DIVISION I
THE WORKER
§ 1. — General rights
Working conditions.
9. Every worker has a right to working conditions that have proper regard for his
health, safety and physical well-being.
1979, c. 63, s. 9.
Rights.
10. In accordance with this Act and the regulations, the worker is entitled, in
particular,
(1) to training, information and counselling services in matters of occupational
health and safety, especially in relation to his work and his work environment,
and to receive appropriate instruction, training and supervision;
(2) to receive the preventive and curative health services relating to the risks to
which he may be exposed, and his wages for the time spent in undergoing a
medical examination during employment prescribed for the application of this Act
and the regulations.
Persons contemplated.
11. Every person contemplated in paragraphs 1 and 2 of the definition of the
word “worker”, in section 1, has the rights granted to workers under sections 9,
10, and 32 to 48.
DIVISION V.2
PSYCHOLOGICAL HARASSMENT
Interpretation.
81.18. For the purposes of this Act, “psychological harassment” means any
vexatious behaviour in the form of repeated and hostile or unwanted conduct,
verbal comments, actions or gestures, that affects an employee's dignity or
psychological or physical integrity and that results in a harmful work environment
for the employee.
Vexatious behaviour.
A single serious incidence of such behaviour that has a lasting harmful effect on
an employee may also constitute psychological harassment.
Right of the employee.
81.19. Every employee has a right to a work environment free from psychological
harassment.
Duty of employers.
Employers must take reasonable action to prevent psychological harassment
and, whenever they become aware of such behaviour, to put a stop to it.
Collective agreement.
81.20. The provisions of sections 81.18, 81.19, 123.7, 123.15 and 123.16, with
the necessary modifications, are deemed to be an integral part of every collective
agreement. An employee covered by such an agreement must exercise the
recourses provided for in the agreement, insofar as any such recourse is
available to employees under the agreement.
Mediation.
At any time before the case is taken under advisement, a joint application may be
made by the parties to such an agreement to the Minister for the appointment of
a person to act as a mediator.
Employees not governed by a collective agreement.
The provisions referred to in the first paragraph are deemed to form part of the
conditions of employment of every employee appointed under the Public Service
Act (chapter F-3.1.1) who is not governed by a collective agreement. Such an
employee must exercise the applicable recourse before the Commission de la
fonction publique according to the rules of procedure established pursuant to that
Act. The Commission de la fonction publique exercises for that purpose the
powers provided for in sections 123.15 and 123.16 of this Act.
Members and officers of bodies.
The third paragraph also applies to the members and officers of bodies.
DIVISION II.1
RECOURSE AGAINST PSYCHOLOGICAL HARASSMENT
Complaint to Commission.
123.6. An employee who believes he has been the victim of psychological
harassment may file a complaint in writing with the Commission. Such a
complaint may also be filed by a non-profit organization dedicated to the defence
of employees' rights on behalf of one or more employees who consent thereto in
writing.
Time limit.
123.7. Any complaint concerning psychological harassment must be filed within
90 days of the last incidence of the offending behaviour.
Inquiry.
123.8. On receipt of a complaint, the Commission shall make an inquiry with due
dispatch.
Provisions applicable.
Sections 103 to 110 shall apply to the inquiry, with the necessary modifications.
Commission's refusal.
123.9. If the Commission refuses to take action following a complaint, the
employee or, if applicable, the organization with the employee's written consent,
may within 30 days of the Commission's decision under section 107 or 107.1,
make a written request to the Commission for the referral of the complaint to the
Commission des relations du travail.
Mediation.
123.10. The Commission may, at any time, during the inquiry and with the
agreement of the parties, request the Minister to appoint a person to act as a
mediator. The Commission may, at the request of the employee, assist and
advise the employee during mediation.
Contract of employment.
123.11. If the employee is still bound to the employer by a contract of
employment, the employee is deemed to be at work during mediation sessions.
Commission des relations du travail.
123.12. At the end of the inquiry, if no settlement is reached between the parties
and the Commission agrees to pursue the complaint, it shall refer the complaint
without delay to the Commission des relations du travail.
Representation.
123.13. The Commission des normes du travail may represent an employee in a
proceeding under this division before the Commission des relations du travail.
Provisions applicable.
123.14. The provisions of the Labour Code (chapter C-27) relating to the
Commission des relations du travail, its commissioners, their decisions and the
exercise of their jurisdiction, except sections 15 to 19, as well as section 100.12
of that Code apply, with the necessary modifications.
Decisions.
123.15. If the Commission des relations du travail considers that the employee
has been the victim of psychological harassment and that the employer has
failed to fulfil the obligations imposed on employers under section 81.19, it may
render any decision it believes fair and reasonable, taking into account all the
circumstances of the matter, including
(1) ordering the employer to reinstate the employee;
(2) ordering the employer to pay the employee an indemnity up to a maximum
equivalent to wages lost;
(3) ordering the employer to take reasonable action to put a stop to the
harassment;
(4) ordering the employer to pay punitive and moral damages to the employee;
(5) ordering the employer to pay the employee an indemnity for loss of
employment;
(6) ordering the employer to pay for the psychological support needed by the
employee for a reasonable period of time determined by the Commission;
(7) ordering the modification of the disciplinary record of the employee.
Employment injury.
123.16. Paragraphs 2, 4 and 6 of section 123.15 do not apply to a period during
which the employee is suffering from an employment injury within the meaning of
the Act respecting industrial accidents and occupational diseases (chapter A-
3.001) that results from psychological harassment.
Employment injury.
Where the Commission des relations du travail considers it probable that,
pursuant to section 123.15, the psychological harassment entailed an
employment injury for the employee, it shall reserve its decision with regard to
paragraphs 2, 4 and 6.
