March 2018

Ban on differences in treatment clauses in pension plans and other employee benefits

On March 20, the Quebec government introduced Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, which includes the prohibition of “any distinction made solely on the basis of a hiring date, in relation to pension plans or other employee benefits, that affects employees performing the same tasks in the same establishment.”

The bill states that this prohibition would not apply to differences in treatment clauses that existed the day preceding the Act’s coming into force, which would correspond to the date of assent of this Act—a date that is unknown at this time.

The Act also provides for a specific recourse for employees who believe they have been the victim of a prohibited distinction, which involves the Commission des normes, de l’équité, de la santé et de la sécurité du travail and the Administrative Labour Tribunal. To exercise this recourse, an employee subject to a collective agreement or a decree must “prove to the Commission that he has not exercised his recourses arising out of that agreement or decree, or that, having exercised them, he discontinued proceedings before a final decision was rendered.”

If the Administrative Labour Tribunal considers that, following the recourse, “the employee has been the victim of a prohibited distinction, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including (1) order that the distinction no longer be made; (2) order that an employee be made a member of a pension plan, or make other employee benefits applicable to the employee; and (3) order the employer to pay the employee an indemnity for the loss resulting from the distinction.”

For additional information, feel free to contact Normandin Beaudry’s consultants.

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