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Créez un contrat de travail du Québec rédigé en français conformément au Code civil du Québec (art. 2085 à 2097) et à la Loi sur les normes du travail. Comprend la conformité CNESST, la clause de bonne foi (art. 1375), les restrictions de non-concurrence (art. 2089), les droits aux vacances et aux congés fériés.

Qu'est-ce qu'un Contrat de travail (Québec) ?

A Quebec Employment Contract (Contrat de travail) is a legally binding agreement between an employer and an employee governed by the Code civil du Québec (CCQ), specifically articles 2085 through 2097. Article 2085 defines the employment contract as one whereby a person, the employee, undertakes to perform work for a limited period under the direction or control of another person, the employer, in return for remuneration. This subordination relationship is the defining characteristic that distinguishes employment from independent service contracts.

Quebec's employment framework operates under a civil law system fundamentally different from the common law regime used in all other Canadian provinces. While common law relies heavily on judicial precedent, Quebec's contractual obligations flow from the CCQ codified provisions. The employer's obligations under article 2087 include providing agreed-upon work, paying remuneration, and taking appropriate measures to protect the employee's health, safety, and dignity. The employee's obligations under article 2088 include performing work prudently and diligently, acting with loyalty, and not using confidential information obtained during employment.

The Loi sur les normes du travail (LNT, RLRQ, c. N-1.1) establishes minimum employment standards that cannot be contracted away, including minimum wage, maximum work hours, vacation entitlements, statutory holidays, and protections against unjust dismissal. The CNESST (Commission des normes, de l'équité, de la santé et de la sécurité du travail) enforces these standards and administers workplace health and safety obligations.

Bill 96 (2022) reinforced French as Quebec's official language, making French the primary language for employment contracts. This template is drafted entirely in French to ensure compliance with the Charter of the French Language and reflects Quebec's civil law legal tradition.

Quand avez-vous besoin d'un Contrat de travail (Québec) ?

A Quebec employment contract is essential when hiring any employee who will work in Quebec, whether the position is full-time, part-time, fixed-term, or indefinite. Because Quebec operates under civil law rather than common law, using a generic Canadian employment contract may not adequately address the specific requirements of the CCQ and LNT.

Employers hiring for positions that involve access to proprietary information, trade secrets, or client relationships need a written contract to include enforceable non-competition and confidentiality clauses under article 2089 CCQ. Without written and express terms, non-competition restrictions are not enforceable in Quebec.

Companies establishing new operations in Quebec need contracts that reference the proper legal framework: CCQ provisions on employment (arts. 2085-2097), LNT minimum standards, CNESST health and safety obligations, and the Loi sur l'équité salariale for pay equity compliance.

When offering executive or senior positions with complex compensation structures, benefits packages, or restrictive covenants, a detailed written contract protects both parties by clearly establishing the terms of engagement, grounds for termination, and post-employment obligations. The CCQ requirement of reasonable notice for termination (art. 2091) makes clear contractual terms particularly important for senior employees, where courts may award lengthy notice periods based on position, length of service, and other factors.

Que faut-il inclure dans votre Contrat de travail (Québec) ?

Identification of Parties — Full legal names and addresses of the employer and employee, with the employer's representative name and title. Under Quebec civil law, precise identification of contracting parties is essential for enforceability under articles 1385-1386 CCQ.

Position and Duties — A clear description of the job title, primary responsibilities, and work location. Article 2087 CCQ requires the employer to provide the agreed-upon work, making specific duty descriptions important for defining the scope of employment.

Duration and Term — Whether the contract is for a fixed term (durée déterminée) or indefinite term (durée indéterminée). This distinction is critical because it affects termination rights under articles 2090-2091 CCQ and notice requirements under articles 82-83 LNT.

Probation Period — While the CCQ does not specifically address probation, the LNT provides that employees gain protection against dismissal without just and sufficient cause after three months of continuous service (art. 124 LNT). The probation period should be clearly stated.

Compensation and Benefits — Annual salary, payment frequency, and benefits. The LNT sets a minimum wage that cannot be contracted below. Overtime must be compensated at 1.5 times the regular rate for hours exceeding 40 per week.

Vacation and Statutory Holidays — The LNT mandates minimum vacation entitlements: two weeks after one year (4% indemnity), three weeks after three years (6% indemnity). Quebec has eight statutory paid holidays including the Fête nationale du Québec (June 24).

Non-Competition Clause — Article 2089 CCQ requires non-competition clauses to be in writing, expressly stated, and limited in time, territory, and type of work to protect legitimate employer interests. The employer bears the burden of proving validity. Under article 2095, the clause is void if the employer terminates without serious cause.

Bonne Foi (Good Faith) — Article 1375 CCQ requires good faith in the formation, performance, and extinction of all obligations. This overarching principle affects how all contract terms are interpreted and enforced.

Termination Provisions — Article 2091 CCQ requires reasonable notice for termination of indefinite contracts. The LNT sets statutory minimums ranging from one to eight weeks depending on length of service. Article 2094 allows termination for serious cause without notice.

Governing Law — Explicit reference to the laws of the Province of Quebec, the CCQ, the LNT, and applicable federal laws of Canada, with jurisdiction in a specified Quebec judicial district.

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