All employment relationships in Quebec are governed by an employment contract, whether written or verbal.

Only a “salarié” (employee) can enter into an individual employment contract, distinguishing them from contractors or service providers.

Employment contracts define the terms of the relationship and can be fixed-term or indefinite. They must be carefully drafted to avoid issues with validity.

Yes, additional laws, such as the Act respecting labour standards (“Loi sur les normes du travail“), impose obligations on both employees and employers that complement civil law.

Yes. Parties can agree on specific terms, but these must not conflict with public order or minimum standards set by law.

The duration can be either fixed or indefinite, affecting the obligations of both parties when terminating the contract.

An indefinite-term contract does not have a set end date. Either party can terminate it by giving reasonable notice, allowing time for the other to find a replacement or a new job.

A fixed-term contract has a specific end date or is linked to a certain event. In Quebec, these contracts are exceptions.

Courts look at the true intentions of the parties. Even if a fixed date is set, the court may find that the parties intended to create an indefinite relationship, especially if the contract is regularly renewed.

Compensation is essential for a valid employment contract, with parameters set by the parties or mandated by law, such as minimum wage and overtime rules.

Employers must ensure the health and safety of their employees, as specified in the Act respecting occupational health and safety and the Act respecting industrial accidents and occupational diseases.

Employees are subject to the employer’s direction and control, unlike contractors, which affects the legal obligations of the employer.

Apart from the death of the employee or, in certain circumstances, the death of the employer, only a “serious cause” can justify termination of the employment contract by either party without notice.

A serious cause includes the complete failure of the employer to fulfill their obligations, such as allowing the employee to perform their work, paying the agreed remuneration, or ensuring the employee’s safety, health, and dignity (as stated in Section 2087 of the C.c.Q.).

An employer may consider an employee’s constant insubordination, breach of loyalty and discretion, or failure to perform their duties diligently (as specified in article 2088 of the C.c.Q.) as serious causes for dismissal.

The employer must ensure that the reason for dismissal is sufficiently serious before proceeding with a unilateral termination without notice.

No. Non-competition clause must be explicitly written and agreed upon, preventing the employee from competing with the employer or engaging in any competing business even after the contract ends.

Yes, these clauses must be restricted in terms of time, location, and type of work. They should only be as broad as necessary to protect the legitimate interests of the employer, preventing any abuse or punitive measures.

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