What English-language rights do I have in Quebec employment law?
The English-language employment rights owed to you depend on whether you work in a sector regulated by the provincial or federal government.
Generally, Canada’s Constitution grants the provinces the power to regulate most job sectors.
In Quebec, the Charter of the French Language (often referred to as “Bill 101”) restricts English-language employment opportunities by guaranteeing all employees the right to work in French.
Generally, Canada’s Constitution grants the provinces the power to regulate most job sectors.
In Quebec, the Charter of the French Language (often referred to as “Bill 101”) restricts English-language employment opportunities by guaranteeing all employees the right to work in French.
This right includes the obligation of employers to draw up written communications (offers of employment, letters, internal memos, meeting minutes, etc.) to their employees in French, as well as provide work tools, documentation, and internal computer systems in French.
However, an employer may choose to communicate with employees in English, or to provide English-language work tools and computer systems, so long as French versions are also available and French remains the primary and predominant language of the workplace.
There is no “right to work in English” in Quebec granted in Bill 101 or any other provincial employment regulations. While some employers may choose to provide employees with English-language translations of written communications and work tools, for instance, there is no legal obligation for them to do so.
Professional syndicates or unions may communicate in English with any individual members who prefer it to French, but this exception only applies to unionized workers.
Regarding workplace safety, Quebec’s Act respecting occupational health and safety states that employees working with hazardous products may receive an English-language translation of the product’s labelling and safety instructions (although this is not an obligation on the employer).
NOTE: On June 1, 2022, the Quebec government offcially passed Bill 96, a new law which overhauls Bill 101 and imposes stricter language rules and regulations on employers. To that end, the bill:
Professional syndicates or unions may communicate in English with any individual members who prefer it to French, but this exception only applies to unionized workers.
Regarding workplace safety, Quebec’s Act respecting occupational health and safety states that employees working with hazardous products may receive an English-language translation of the product’s labelling and safety instructions (although this is not an obligation on the employer).
NOTE: On June 1, 2022, the Quebec government offcially passed Bill 96, a new law which overhauls Bill 101 and imposes stricter language rules and regulations on employers. To that end, the bill:
Makes Bill 101’s “francization” requirements apply to federally regulated companies and businesses with 25 employees instead of 50;
Restricts the ability of employers to require knowledge of English for job hiring and promotion; and
Requires all work and communicating in government institutions to be done exclusively in French.
These modifications could make it more difficult for English-speaking workers to find and keep jobs in Quebec, and make it harder for English-speaking employers to conduct their business by placing further regulatory burdens upon them.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
Can an employer fire me, demote me, or refuse to hire me if I am not fluent in French?
In general, there are not many legal protections for anyone who does not know enough French to do their job. However, employers cannot fire, demote, or refuse to hire English-speakers for jobs that do not require French-language skills.
In Quebec, the Charter of the French Language (also known as “Bill 101”) does not protect you from being fired, demoted, or not hired at all, if you do not have the French-language skills to do the job.
In Quebec, the Charter of the French Language (also known as “Bill 101”) does not protect you from being fired, demoted, or not hired at all, if you do not have the French-language skills to do the job.
This protection does, however, exist for employees without English-language skills, unless the job requires a reasonable level of English to do the job.
That being said, Quebec’s Act Respecting labour standards makes clear that you cannot be fired without “good and sufficient cause” (i.e. without a valid reason) if you have worked for the same employer for at least two uninterrupted years.
For example, any prohibited grounds for discrimination, such as ethnic or linguistic identity (like being a native English-speaker), cannot be given as valid reasons for firing you.
On the other hand, not knowing enough French to do the job could be considered a valid reason for firing you from your job.
On the other hand, not knowing enough French to do the job could be considered a valid reason for firing you from your job.
Discrimination on the basis of ethnicity and language is explicitly prohibited by Quebec’s Charter of Human Rights and Freedoms. Firing, demoting, or refusing to hire you based on these grounds is unlawful.
So long as you can function in French and do the job efficiently, an employer cannot fire, demote, or refuse to hire you simply because French is not your first language, or because you are not francophone.
For instance, during an interview or on an application form, an employer cannot ask a job candidate for any information related to their linguistic or ethnic identity, unless it is relevant for a job qualification.
Any complaints or accusations of discrimination on the basis of ethnicity or language would need to be filed with the Commission des droits de la personne et des droits de la jeunesse.
Click here to learn more about filing a complaint.
What can I do if I am being harassed at work because I am an English-speaker?
There are several options available if you believe you are the victim of workplace harassment because of language or another reason.
What counts as harassment in the workplace? Quebec’s Act respecting labour standards defines “psychological harassment” as any comments, conduct, actions, or gestures that:
What counts as harassment in the workplace? Quebec’s Act respecting labour standards defines “psychological harassment” as any comments, conduct, actions, or gestures that:
Are repeated;
Are hostile or unwanted;
Affect an employee’s dignity, psychological or physical well-being; and
Result in a harmful work environment for an employee.
Are hostile or unwanted;
Affect an employee’s dignity, psychological or physical well-being; and
Result in a harmful work environment for an employee.
Your employer must take reasonable actions to prevent psychological harassment in your workplace (like having a harassment and violence prevention policy), and put a stop to it once they become aware of such behaviour.
If you believe you have been the victim of psychological harassment, then:
If you are a non-unionized employee, you may file a written complaint to the CNESST for further investigation and possible referral to the Administrative Labour Tribunal for resolution.
If you are a unionized employee, you must, before turning to the CNESST, contact your union to learn what remedy is available to you in the collective agreement between your union and your employer.
For more information on the procedure for filing a harassment complaint with the CNESST, read the information under Services in English for Provincial Workers.
