Frequently asked questions

What is a decree?
A decree is a collective agreement legally set down by the State, that binds employers and those employees, unionized or not, within a same sector. This law guarantees and transposes to the entire sector the negotiated working conditions and conjointly binds those normally excluded from such negotiations (non unionized employees).
Decrees - Building Maintenance
If you wish to consult the text of the decrees for Montreal region and of Quebec region, click on the links below to access them.

Decree respecting building service employees in the Montreal region: R.R.Q., 1981, c.D-2, r.39

Decree respecting building serice employees in the Quebec region: R.R.Q., 1981, c.D-2, r.40



ATTENTION - QUÉBEC REGION

 The decree for the region of Quebec is in effect as of November 16, 2005. The members working within the building maintenance will benefit from a salary increase of $0.50 an hour as of that date. Click here to consult the salary table for the rest of the years.

What is a decree? Click here.
 
 

What happens when an employer sells his business? Is the new employer bound to the employees and the collective agreement? Is he bound to the union accreditation and the collective agreement ?

What happens to the accreditation and the collective agreement when an employer decides to contract out part of his activities to another employer ?

Article 45 – Sale or alienation of a business

What happens when an employer sells his business? Is the new employer bound to the employee’s and the collective agreement? Is he bound to the union accreditation and the collective agreement ?

The law foresees, as a general rule, that the new employer is bound by the accreditation and the collective agreement if there is one, as if he had been named. He also becomes part of the procedure related to the accreditation or the collective agreement, in place of the preceding employer. There are however certain exceptions.

As well, in the case of a partial concession of a business, the concessionary is not bound by the accreditation and the collective agreement if the concession does not entail the transfer to the concessionary, in addition to functions or the right to operate, of most of the elements that characterize the part of the undertaking involved.

In the same case however, the Commission may, upon request of an interested party, decide that the new employer remains bound by the accreditation and the collective agreement if he judges that the concession was done with the intent to block the creation of an employees’ association or to harm the integral preservation of an accredited employees’ association.

Article 45 of the Labour Code and the disposition concerning the transmission of the obligations from the old employer to the new employer reads as follows :

45. The alienation or operation by another in whole or in part of an undertaking shall not invalidate any certification granted under this code, any collective agreement or any proceeding for the securing of certification or for the making or carrying out of a collective agreement.

New employer bound.

The new employer, notwithstanding the division, amalgamation or changed legal structure of the undertaking, shall be bound by the certification or collective agreement as if he were named therein and shall become ipso facto a party to any proceeding relating thereto, in the place and stead of the former employer.

Provision not applicable.

The second paragraph does not apply in the case of the transfer of part of the operation of an undertaking where such transfer does not entail the transfer to the transferee, in addition to functions or the right to operate, of most of the elements that characterize the part of the undertaking involved.

S. R. 1964, c. 141, a. 36; 1969, c. 47, a. 23; 1969, c. 48, a. 19; 2001, c. 26, a. 31; 2003, c. 26, a. 2.
What happens to the accreditation and the collective agreement when the assigning employer concedes a part of his activities to another employer?

In the case of a partial concession of a company where the Labour Relations Commission determined that the new employer is bound by the accreditation and the collective agreement, the latter ends, according to the first deadline, upon the date of its expiration or the first day of taking possession of the concession. However, the Commission may, upon the request of an interested party, decide that the new employer remains bound by the collective agreement until its expiration if he deems that the concession was done with the intent to block the creation of an employees’ association or to harm the integral preservation of an accredited employees’ association.

The ceding employer and the employees association may also, if they so desire, agree on the fact that the new employer would not be bound by the accreditation or the collective agreement. To do this, the parties must convene a clause, within a specific agreement based on that concession, for which they renounce on requesting the Commission to apply the second paragraph of article 45.

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Notre foire aux questions a été préparée dans un objectif d'information générale et elle n'a aucune valeur juridique. Source d'information: extraits tirés du site http://www.crt.gouv.qc.ca

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