No priority for employees domiciled in the region where the work is carried out!

The reactions to the judgment of August 9 are numerous in the construction industry and the affected regions.

 

The tribunal  labor administration ( TAT ) declared invalid and inoperative  regional hiring priority clauses in the construction industry, considering that they  violated the rights to liberty and privacy in relation to the establishment of the worker’s domicile.

Articles 35 and 38 of the Regulation respecting the hiring and mobility of employees in the construction industry are declared invalid.

 

The Association de la construction du Québec (ACQ) and the Association des constructeurs de routes et grands travaux du Québec (ACRGTQ) therefore won their case in the administrative labor tribunal (TAT) to challenge the rule of priority to employees domiciled in the region where the work is carried out.

 

Although it invalidates the two articles of the Regulation on the hiring and mobility of employees in the construction industry, the court suspends its own declaration. Collective agreements in the construction industry will expire on April 30, 2021 and the parties will then be able to renegotiate them. The decision is therefore suspended until the renewal of the collective agreements.

 

This issue of regional hiring priority in the construction industry is rooted in the demands of workers in the regions. These wanted to be able  work in their region when a site started there, rather than seeing the contractor who wins the contract, from another region, come there with his own workers.

 

The situation has already caused friction between workers in a region and workers and contractors who have come to contract there.

 

Invalidated articles

35. The hiring of employees available in the construction industry must take into account the requirements recognized for the work offered and according to an employment preference taking into account the following criteria:

1. for all work, excluding those carried out in an isolated location and on a remote site, priority is given to the employee holding a journeyman competency certificate, occupation competency certificate or an apprentice competency certificate as the case may be, domiciled in the region where the work relating to the work offered is carried out.If no employee meeting the above criteria is available, preference is given to the employee holding a journeyman competency certificate, occupation competency or an apprentice competency certificate, as the case may be, domiciled outside the region where the work relating to the work offered is carried out, or to the person domiciled in the region where the work relating to the work offered is carried out.
2. for work carried out on a remote site, priority is given to the employee holding a journeyman competency certificate, occupation competency or an apprentice competency certificate as the case may be, domiciled in the region where the work relating to the If no employee meeting the above criteria is available, priority is given to the employee holding a journeyman competency certificate, occupation competency or an apprentice competency certificate as the case may be, domiciled outside the region where the work related to the offered work is performed.
3. for work carried out in an isolated location, priority is given to the employee holding a journeyman competency certificate, occupation competency certificate or an apprentice competency certificate as the case may be, domiciled in the locality where the work relating to the work offered is performed.If no employee meeting these criteria is available, paragraph 1 applies.

1946-82, s. 35;  SQ 1986, c. 89, a. 42;  SQ 1993, c. 61, a. 72.

 

38. An employer can assign an employee who holds a journeyman competency, occupation competency or apprentice competency certificate anywhere in Quebec, if this employee has worked 1,500 hours or more for him, in the construction industry, in Quebec or elsewhere in Canada, during the first 24 of the 26 months preceding the issue or renewal of their competency certificate. An employer can assign an employee who holds such a certificate anywhere in Quebec, if she has worked 500 hours or more for him, in the construction industry, in Quebec or elsewhere in Canada, for this same period.

The employer’s name appears on this journeyman competency certificate, occupation competency certificate or apprentice competency certificate, as the case may be.

1946-82, s. 38;  SQ 1986, c. 89, a. 42;  OC 306-88, s. 1;  OC 349-89, s. 1;  OC 230-90, s. 1;  OC 1743-90, s. 1;  OC 799-94, s. 13;  D.  993-2016,  at. 1.

 

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