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Definition of Collective Dismissal
A collective dismissal refers to a situation in which a company simultaneously terminates the employment of several employees within the same establishment, generally for economic, structural, or organizational reasons. This type of employment termination is governed by Québec’s Act Respecting Labour Standards, which sets out additional employer obligations regarding timelines, notice to the government, and support for affected employees.
A collective dismissal differs from an individual termination by the number of employees involved and the broader human and operational impacts.
When Does a Dismissal Become “Collective”?
In Québec, a collective dismissal occurs when a company terminates the employment of 10 or more employees in the same establishment over a period of two consecutive months, without the possibility of recall. This definition applies even if the departures are staggered, as long as they are part of the same downsizing or closure initiative.
Employer’s Legal Obligations
When the threshold for collective dismissal is reached, the employer must:
- Submit a written notice to the Québec Minister of Labour within the prescribed timelines
- Provide written notice to the affected employees
- Inform accredited associations or health and safety committees, if applicable
- In some cases, collaborate in setting up a reclassification assistance committee
Here are the minimum timelines for notice to the Minister:
| Number of Employees Affected | Minimum Notice Period |
|---|---|
| 10 to 99 | 8 weeks |
| 100 to 299 | 12 weeks |
| 300 or more | 16 weeks |
Source : CNESST
These deadlines must be respected before the first termination takes effect.
Notice to the Minister: A Key Step
Notice to the Minister allows public authorities to step in quickly and provide support to affected workers—such as guidance, training, and reclassification assistance. Failure to submit this notice exposes the employer to financial penalties and potential civil liability.
Recommended Support Measures
Even though the law sets out minimum obligations, it is strongly recommended that companies also:
- Develop a structured internal communication plan
- Provide career transition support
- Collaborate with public employment services or specialized firms
- Prepare managers to deliver the news with empathy
- Support remaining employees to maintain engagement
Such measures reduce tensions, strengthen organizational credibility, and help operations recover more smoothly after restructuring.
In Summary
A collective dismissal refers to multiple employees losing their jobs within the same establishment at the same time, for non-disciplinary reasons. It is strictly regulated under Québec’s Act Respecting Labour Standards. Employers must notify the Minister, respect legal timelines, and ideally implement support measures. When managed with clarity and respect, a collective dismissal can be conducted in a way that preserves trust and organizational coherence.
Important Notice - The information presented in this article is provided for general informational purposes only. It does not constitute legal advice or personalized professional guidance. Each termination or employment situation may involve specific circumstances. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making any decision.
