Labor relations between the syndicate and its employees

Co-ownership (condominium) staff management involves several duties and responsibilities; if the employer is the syndicate of co-owners, it is the board of directors and sometimes even the manager in his capacity as a mandatary of the syndicate who has the authority to give instructions to the co-ownership's employees. Whether it concerns the janitor, security personnel or the gardener, the implications are financial and managerial issues occur; in managing staff, one must take into account the following elements: recruitment, remuneration, employee performance evaluation, training as well as occupational health and safety.

Legal framework of the labor relations

The syndicate must comply to several obligations toward its employees; it must:

• allow the execution of the work;
• take appropriate measures regarding the nature of the work in order to protect the health, safety and dignity of the employee;
• pay the agreed remuneration;
• contribute to employment insurance and the Quebec pension plan;
• proceed to tax source deductions (DAS) at the federal and provincial levels;
• contribute to the Labor standards, equity, health and safety Commission (Commission des normes, de l’équité, de la santé et de la sécurité au travail) (CNESST);
• if applicable, respect the Act respecting collective agreement decrees.

In addition to these obligations, as an employer, the syndicate must respect various rules imposed by the Act respecting labour standards:

• the current minimum wage (salary);
• a work week of a maximum duration of 40 hours, any additional hour worked having to be paid at the increased rate of 50%;
• allow at least 32 consecutive hours of rest per week;
• pay statutory holidays and annual vacations;
• allow social or parental leaves;
• comply with the rules governing termination of employment by giving a sufficient prior notice;
• prohibit certain practices such as the dismissal of a pregnant employee;
• take appropriate measures to prevent or to put an end to any psychological harassment suffered by an employee.

Health and safety

Every employer has the obligation to ensure the health and safety of his workers:

• by providing them tools and equipment in good working order;
• by assigning them tasks compatible with their abilities and their skills;
• by providing them appropriate safety guidelines and by enforcing them.

In addition, the Act respecting occupational health and safety protects:

• the right for a worker to refuse to perform hazardous work;
• the right to protective re-assignment for the pregnant worker or who is breastfeeding;
• the right to protective re-assignment for the worker exposed to a contaminant;
• the right to have training, information and advice on health and safety.

Under the Act respecting industrial accidents and occupational diseases, a worker who suffers a workplace accident or an occupational disease has:

• the right to receive damages (income replacement benefits/indemnities);
• the right of access to a compensation process (examples: medical care, physical, social and vocational rehabilitation services);
• the right to return to work;
• the right to file a complaint to the CNESST in the event of a sanction (examples: reprimand, transfer, dismissal) or of a retaliatory action taken by the employer because the worker has suffered a work related injury or has exercised a right mentioned in the above act.

The health and safety system is funded by all employers who contribute annually in accordance with their payroll and their type of activity.

Dignity

Both the Act respecting labour standards and the Act respecting industrial accidents and occupational diseases aim to protect workers from any form of harassment in their workplace that would have the effect of undermining their dignity (examples: sexual harassment, psychological harassment, degrading words, verbal abuse and threats).

All employees can denounce a situation of psychological harassment that they may have suffered at work, that is to say any vexatious conduct conveyed by behaviors, words, actions or gestures, recurrent or not depending on their severity which are hostile or unwanted undermining the dignity or psychological integrity of the employees; this form of harassment may come from a supervisor, a colleague, a client, a supplier and possibly a co-owner and so, if this is the case, the syndicate-employer has the obligation to intervene to put an end to such behavior.

 WHAT YOU SHOULD KNOW! The syndicate of co-owners must respect all clauses contained in the contract of employment because if it does't honor its contractual obligations, it is at risk of engaging its civil liability; in such a case, the syndicate could be condemned to pay damages to the employee.

 WHAT TO KEEP IN MIND: The syndicate of co-owners which employs staff must, without exception, respect the contractual and legal obligations associated thereto; the main obligations concern the remuneration of the employee and the means necessary to carry out the required work.

 WARNING! Sexual or psychological harassment can have harmful consequences on the worker's health; depending on the circumstances, this prejudice may be considered as an employment injury indemnified under the Act respecting industrial accidents and occupational diseases.

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