Attestation d'emploi (Québec)

A Quebec Employment Certificate (Attestation d'emploi) is a formal legal document issued by an employer to certify the employment details of a current or former employee. Under Quebec civil law, the employment relationship is governed by articles 2085 to 2097 of the Code civil du Québec (C.c.Q.), which establish the framework for the contract of employment (contrat de travail). Article 2085 defines the employment contract as one by which a person, the employee, undertakes for a limited period to do work for remuneration, according to the instructions and under the direction or control of another person, the employer. The attestation d'emploi serves as official proof of this relationship and provides key details including the employee's position, period of employment, compensation, and employment conditions. The Loi sur les normes du travail (LNT, RLRQ c. N-1.1) is the primary statute governing minimum employment standards in Quebec, administered by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST). Article 84 of the LNT specifically addresses the employer's obligation to provide a work certificate upon termination. This attestation is distinct from a certificat de travail in that it may be issued at any point during employment and typically contains more detailed information about compensation and benefits. The document is commonly required for mortgage applications, rental agreements, immigration proceedings, professional licensing, and various administrative purposes.

A Quebec employment certificate is needed in numerous practical situations throughout an employee's career and beyond. Employees frequently request this document when applying for a mortgage or personal loan, as financial institutions require proof of stable employment and income. Landlords in Quebec often request attestations d'emploi from prospective tenants to verify employment status and ability to pay rent. Immigration applications, whether for permanent residency or work permit renewals, typically require official employment documentation from Canadian employers. Employees transitioning between jobs may need this document to verify their employment history for a new employer. Professional licensing bodies may require proof of employment experience, and government agencies may request it for various programs including employment insurance, social assistance, or tax audits. Upon termination of employment, article 84 of the LNT mandates that the employer provide a certificate upon request. This attestation is also useful for employees who need to document their professional experience for educational programs, professional development certifications, or legal proceedings.

The key elements of a Quebec employment certificate include several critical components required for legal validity and practical usefulness. First, complete employer identification is necessary, including the company name, address, NEQ (Quebec Enterprise Number), phone number, and the name and title of the authorized representative signing the document. Second, employee identification must include the full legal name and address, with the optional inclusion of the social insurance number for official purposes. Third, position details must specify the job title, department, employment type (full-time, part-time, or contract), and hours per week. Fourth, the employment period must clearly state the start date, and if applicable, the end date and reason for departure. Fifth, compensation details including the annual salary and any additional benefits should be documented. Sixth, a declaration of truthfulness by the employer attesting to the accuracy of the information provided is essential. Seventh, a bonne foi (good faith) clause pursuant to article 1375 of the C.c.Q. ensures the attestation is issued honestly. Finally, the governing law section references the applicable provisions of the LNT and C.c.Q., confirming Quebec jurisdiction.