What topics occupy the most lawyers who work with employers, and how is their practice evolving overall? Droit-inc gives you the rest of its vast investigation…
Complex and evolving, labor and employment law is the subject of numerous negotiations and representations each year by groups of lawyers and specialized firms. In talking with several of them, key issues are on everyone’s lips.
Collective agreements and pension plans
It is impossible to talk about labor law in 2024 without mentioning unionized companies, organizations or ministries. The strikes and pressure tactics that have hit the news since last fall, whether in education, health, transport, or the hotel industry, give us a good image of the tensions that can reign between employers and workers. unionized employees.
“These files have evolved a lot over time,” says Me. Jean-François Pedneaultpartner at Monette Barakett, who witnessed the marked feminization of the union environment and the integration, positive in his eyes, of work-life balance in all aspects of the discussions.
However, the lawyer also testifies to the complexity of union cases since the Administrative Court is the arbitrator of numerous appeals, due to lack of agreement between the parties.
“Justice must process an increasingly dense volume of requests in a very short time, weighing the rights of unions, on the one hand, and that of the public to receive essential services, on the other. This really has an impact on our practice and on society,” he says. A vast debate as the FIQ is currently trying to extend its right to strike and its means of pressure, such as the refusal of compulsory overtime.
Me Robert E Boyd, partner at Cain Lamarre.In the region, are these negotiations of the same caliber? Absolutely, in my opinion Robert E Boydpartner at Cain Lamarre, which has offices across Quebec.
“In mining or manufacturing companies, the expectations of unionized staff are very high in 2024. Due to inflation, they are demanding a salary catch-up that employers cannot meet. In addition, these same employers are asking for more flexibility in collective agreements, because Canada is experiencing a productivity problem. »
As for retirement plans, as pointed out by Me Justine Laurierpartner at BLG, they are also at the center of all attention, especially when it comes to the acquisition of companies that have them.
Sexual and psychological harassment
Me Justine Laurier, partner at BLG.Inseparable from the news since the emergence of the #metoo movement, harassment keeps Quebec labor law lawyers busy, in almost all firms.
“We play on this all the time, in large companies as well as in SMEs,” agrees Me Boyd. We must support employers in these difficult situations. Ensure the confidentiality of the victim, take measures in the workplace, conduct investigations, advise the removal or suspension of those involved, protect the reputation of the company. It’s never easy. »
Adopted in March 2024, Bill N. 42 aimed at preventing and combating psychological harassment and sexual violence in the workplace, the latest provisions of which will come into force on September 28, will further strengthen and regulate the obligations employers in this matter, even if the offenses take place outside the context of work. Firms have and will therefore have a lot to do to support companies, which must now have a well-defined policy in this area.
Legislation and employer obligations
Accommodations don’t stop at harassment. Several laws also require employers to have policies and training related to work accidents, whether physical or psychological, as well as all kinds of disabilities.
Me Jean-François Martin, associate lawyer at DHC Avocats.“We cannot imagine, for example, the damage that taking alcohol, drugs or medication can wreak in the workplace,” says Me. Jean-François Martinassociate lawyer at DHC Avocats. According to studies, 10% of the working population consumes it, and no sector of activity is spared. We regularly support employers to manage these situations and accommodate affected employees. »
What about religious and gender accommodations? Even if they currently occupy more space in the media than in the structures themselves, firms should prepare to encounter more files in these spheres.
“Many employers are already coming to us to implement the best possible inclusive and ethical practices in their business,” says Me Laurier.
Other legislation, such as Law 96 modifying the Charter of the French language, adopted in 2022, is well underway. Remember that provincial businesses with more than 50 employees since 2022, and those with 25 employees or more from June 2025, must strengthen the presence of French in all their operations. “Hiring, employment contracts, communications. SMEs have a lot to do, especially in the technology sector where there are many non-speaking employees, to put these rules in place,” says Mr. Boyd.
Let us also cite Law 25 on the Modernization of the Protection of Personal Information, adopted in 2021 and gradually coming into force since then. Since it establishes a legal framework for the collection, use and communication of this information by companies and public bodies, it applies to both internal and external data, which is not obvious in a context where work is increasingly outsourced.
Enough to keep many lawyers busy over the coming months and years!
