Decree respecting the automotive services industry in the montréal region



An employer must give written notice to an employee before terminating his contract of employment or laying him off for 6 months or more.

That notice shall be of 1 week if the employee is credited with less than 1 year of uninterrupted service, 2 weeks if he is credited with 1 year to 5 years of uninterrupted service, 4 weeks if he is credited with 5 years to 10 years of uninterrupted service and 8 weeks if he is credited with 10 years or more of uninterrupted service.

The notice of termination of employment given to an employee during the period when he is laid off is absolutely null, except in the case of employment that usually lasts for not more than 6 months each year due to the influence of the seasons.

O.C. 1386-99, s. 8; O.C. 33-2007, s. 25.
Section 12.01 does not apply to an employee:

(1) who does not have 3 months of uninterrupted service;

(2) whose contract for a fixed term or for a specific undertaking expires;

(3) who has committed a serious fault;

(4) for whom the end of the contract of employment or the layoff is a result of a superior force.

O.C. 1386-99, s. 8; O.C. 33-2007, s. 26.

The employer who does not give the notice prescribed in section 12.01 or who gives a notice of an insufficient period, must pay the employee a compensatory indemnity equal to his regular wage, excluding overtime, for a period equal to the period or remaining period of notice to which he was entitled.

That indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than 6 months, or at the end of a period of 6 months after a layoff of an undetermined length, or a layoff expected to last less than 6 months but which exceeds that period.

O.C. 1386-99, s. 8.

At the expiry of the contract of employment, an employee may require his employer to issue to him a work certificate in which only the following information is included: the nature and the duration of the employment, the dates on which his employment began and terminated, and the name and address of the employer. The certificate must not carry any mention of the quality of the work or the conduct of the employee.

O.C. 1386-99, s. 8.