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Psychological and sexual harassment: what are the employers' obligations?

Laws and rules

Since June 1, 2004, the Act respecting labor standards ("Act") provides for the right of all employees to work in a workplace free of psychological harassment and imposes 2 obligations on employers. Indeed, they must (i) take reasonable steps to prevent any harassment (psychological and sexual) and also (ii) to stop any reported situation.

On June 12, 2018, Bill 176, the Act to amend the Act respecting labor standards and other legislative provisions, mainly to facilitate family-work reconciliation, was penalized. Next, new provisions to improve the protection of employees in harassment situations came into effect on January 1, 2019.

Although before that date the courts had always considered that the concept of psychological harassment also included sexual harassment, the legislative amendments expressly stated in the Act that psychological harassment also includes words, deeds or deeds. sexual.

In addition, employees now have 2 years from the last psychological harassment event to file a complaint with the Standards, Equity, Health and Safety Commission ( hereinafter "CNESST"). This is a significant change as the previously allocated time was 90 days.

Finally, employers are required to adopt a policy of prevention of psychological and sexual harassment at work and the handling of complaints. They must also make it accessible to their employees and ensure that they understand its content.

Therefore, we remind you of the importance of reviewing or implementing your harassment policy. To do this you will find attached an adaptable model of policy according to the realities of your companies: Model of policy (French only)

We also remind you of the existence of the Legal Info accessible via the members area of ​​the Federation's website (https://www.federationautobus.com), which contains a host of relevant articles, templates and guides can support the management of your operations.

If you have any questions, please contact the Legal Services Branch at 418-478-8181 ext. 214 or 1-844-476-8181 ext. 214.