In Québec, section 123.6 of the Act respecting labour standards[1] (“ALS”) allows an employee to file a complaint for psychological harassment if they are an employee under the Act. Subsection 1(10) of the ALS defines “employee” as a person who works for an employer and is entitled to a wage.
Based on this definition and its interpretation by the courts, the key criterion for establishing a worker’s employment status is the existence of a relationship of subordination.[2] The Tribunal noted that in analyzing a worker’s status, several factors must be considered: control over presence, control over how work is performed, the obligation to perform the work, ownership of work tools, the possibility of disciplinary measures, the existence of any type of loss or profit, and the obligation to personally perform the work.[3] It is important to note, however, that financial dependence alone does not constitute proof of subordination.[4] Having only one client is therefore not sufficient to establish such a relationship. These criteria must be applied contextually as shown by the Administrative Labour Tribunal in a recent decision.[5]
The complainant had been providing maintenance services to a business since 2017. In 2019, the complainant entered into a contract with a company specializing in commercial janitorial services, that provided maintenance services to the same business. The janitorial services were transferred to a third party and in 2021, the respondent acquired...
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