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ARTICLE · 14 OCTOBER 2022

Maintaining Essential Services During Strikes: The Latest Developments From The Administrative Labour Tribunal Three Years After The Labour Code Amendments

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Important as it may be to collective bargaining, the right to strike is not absolute. In fact, when faced with a potential danger that threatens public health and safety, some companies and certified associations...

CanadaEmployment and HR
Marc-Olivier Perreault
Marc-Olivier Perreault
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Important as it may be to collective bargaining, the right to strike is not absolute. In fact, when faced with a potential danger that threatens public health and safety, some companies and certified associations must refrain from exercising their unfettered right to lockout or strike and instead negotiate the essential services that will need to be maintained if work stops.

With that in mind,the National Assembly passed Bill 331 amending the Labour Code2 in 2019 to include the possibility for any private company to ask the Administrative Labour Tribunal3 (ALT) to order the maintenance of its essential services during a labour dispute.

Maintaining Essential Services Within the Meaning of the Labour Code

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