Labor Law | Anti-piracy provisions should be reviewed with generalized telework

(Montreal) The unexpected impact of the epidemic and remote work that followed: Anti-scabies provisions in labor law may lose their effect and be less effective.


Leah Levesque
Canadian Press

These anti-scabies provisions prohibit an employer from using substitute workers to carry out employee work during a strike or lockout. It was the government of Rene Levsk that adopted these provisions in 1977, after several heated labor disputes.

However, since insurance operations in Quebec Magazine and on Montreal Magazine, the court ruled that employees whose texts were published in these daily newspapers, but who did not work in the employer’s “enterprise”, could not be considered Peel.

The idea of ​​“establishing” an employer thus becomes important in a context where, due to the COVID-19 pandemic, remote work has become widespread.

‘ridiculous result’

What will happen today in the event of a strike and telecommuting?

“This concerns me. The provisions against scabies, they risk losing their teeth if this explanation [des tribunaux de l’époque] In an interview with the Canadian Press, Jill Trudeau, Professor of Labor Law at the University of Montreal Law School.

Professor Trudeau asserts: “We are stuck with an outdated idea, which is the idea of ​​creating an ’employer’.

With telecommuting today, “In case of a strike, I don’t know how the courts will receive it. It is so ridiculous as a result! This is against the spirit of the law!” Labor law professor boy.

‘The shooting must be corrected’

In an interview, FTQ President Daniel Boyer estimated that “we must rectify the situation,” especially with remote work becoming widespread. “Teleworking has led to an increase in the number of places where people work outside the employer’s organisation.”

Photo by Catherine Lefevre, special collaboration

FTQ President, Daniel Boyer

We want to adjust it to fit the new reality. We don’t want more than he had at the time. We want what was agreed upon,” this is what is determined by the head of the largest duty station in Quebec.

The head of the 600,000-member Central Committee argues that the anti-scabies provisions have had the effect of reducing tensions near the picket lines.

It prevents conflicts from escalating and taking too long. It is equal to the balance of forces. This is one of the reasons why Quebec has industrial peace.

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