Impact Of Information And Communication Technologies On The Labour Code's Anti-Scab Provisions

The Legislative Context

Since their adoption in 1977, the anti-strikebreaking provisions of the Quebec Labour Code have never prevented an employer from keeping its operations going by having them carried out by third parties, as long as the third parties are not doing work ordinarily done by the striking or locked out employees, in the establishment where the strike or lockout has been declared.¹ This means that an employer that can maintain its operations from outside the establishment affected by a labour dispute will have an enormous advantage over one that cannot.

So, for example, an employer that owned a general store obviously could not contract out the store's operation to another establishment, whereas it would be relatively easy for an employer in the welding business to contract out its welding operations to an outside welding shop even if such a measure would usually result in reduced profits.