Reclassification assistance committee or exemption: how it works in Québec

When a collective dismissal affects 50 or more people, Québec's Act respecting labour standards allows the Minister to request that a reclassification assistance committee be set up. The same Act also provides another path: an exemption, when the employer itself offers equivalent or better reclassification measures.

This article presents both options, what the Act says about them and what each one means for an employer.

When a committee may be requested

Any collective dismissal of 10 or more people requires a notice to the Minister. The reclassification assistance committee, however, only applies to collective dismissals affecting 50 or more people: below that threshold, the committee obligations do not apply.

Once the threshold is reached, the employer takes part in forming the committee at the Minister's request, together with the certified association or, failing that, representatives of the employees. The union's role in this process is covered in our article on dismissal in a unionized workplace.

What the committee does and how it is funded

The reclassification assistance committee aims to lessen the effects of the dismissal and help the people affected find new employment. The Act gives it the task of assessing their needs, developing a reclassification plan and monitoring its implementation (see our summary of section 84.0.10).

Its composition, funding and duration are governed by the Act and by an agreement with the ministry. The terms vary from one situation to another, which is why it helps to be well supported from the start.

This model has a long history in Québec, as our article on the history of the reclassification assistance committee explains.

The exemption: what the Act provides and what it implies

The Act provides that an employer may be exempted, in whole or in part, from the obligation to take part in a reclassification assistance committee. This exemption is possible when the employer itself offers the people concerned reclassification services considered equivalent or superior to those a committee would have provided.

An exemption does not remove support for the people affected: it shifts to the organization the responsibility for offering and overseeing those services. Choosing between a committee and an exemption depends on several factors specific to each situation, and that choice deserves careful analysis before notifying the Minister.

Committee or exemption, the goal remains the same: well-managed workforce redeployment that protects the people who leave and the trust of those who stay.

In summary

• The committee: it may be required for a collective dismissal of 50 or more people and brings together the employer, the employees and an external chair.
• Funding: the employer contributes, and the ministry may provide financial assistance.
• The exemption: it is possible if the employer itself offers equivalent or better reclassification services.
• What they share: in both cases, support for the people affected remains at the heart of the process.

This content is provided for information purposes only. It is neither legal advice nor professional advice. For a specific situation, please consult a professional.

Sources

• Act respecting labour standards (CQLR, c. N-1.1), s. 84.0.9 to 84.0.12, LégisQuébec
• Guide des mesures et des services d'emploi, section 5.6 Concertation pour l'emploi, Comité d'aide au reclassement (April 1, 2023 version, in French), Services Québec
• Licenciement collectif (in French), Québec.ca