AND ANSWERS 100% CORRECT
What do you do to ensure that the law is obeyed? - Answer- Information Role
Companies: Inform companies of their responsibilities and obligations, because they
don't expect them to know the whole CFL, but certain aspects
Information Role Citizens: Inform them of their language rights
Linguistic terminology assistance: Put online a the Grant terminology linguistic, to use a
good french (francofete, international cooperation)
50+ employee companies must use French and require a francization certificate.
People can complain
Is there a conflict involving the freedom of speech? - Answer- The Judges said
Quebec's position was valid in having this law to protect its language.
The code of the French language constitutes a minority in NA, and because the
language is important, they were able to to do without breaking an individual's rights and
without breaking the freedom of speech. That means that we can restrain a part of
those rights without breaking them completely.
Why are you more aggressive than the French? - Answer- We are more vigilant in the
French because we feel a menace because the whole continent is Anglophone. Tourists
who visit Quebec want to have the aspect of Europe, because they preserved because
French is in heart of their culture. In France, they are much more, and neighborhood
countries speak other languages, not only French.
Why is it so important to preserve this language? - Answer- Heart of the culture and
identity, Q is considered different than NA , and not only in French but identity. Saveur
different "quality of life, architecture,"
A- Right to Work in French
Employees have the right to work in French (s.4)
French must be used: - Answer- Written communication to staff (s.41). Has at least to
be in French. But the employer can speak privatrely with the employee in another
language if it is permissible by him
Offers of employment and promotions in french (s.41). The person can be asked to
have a document in another language AS long as the French one is as prominent.
Offers of Employment published in a newspaper in another language must be
simultaneously published in French (greek person, so they publish in French and
Greek) to ensure that francophones are not being overlooked and not given
opportunities that are suitable for them)
, Collective agreements (c of employment in unionized places) McGill, Concordia various
unions and official in French, and another one English
Written communications of employee associations to their members
B- Dismissal on the Basis of Language - Answer- Employers are prohibited from
dismissing, laying off, demoting or transferring an employee for the SOLE REASON
that:
The employee is only French-speaking
The employee has insufficient knowledge of another language
The employee has demanded that a right arising from Ch VI of the CFL be respected
(protection from reprisals)
Hiring on the basis of language - Answer- An employer is prohibited from requiring the
candidates for a position to have knowledge or specific knowledge of another language
"unless the nature of the duties requires such knowledge" (s.46)
Section 46 requires more than a mere advantage to knowing another language - the
employer must show that knowledge of the other language is important or necessary
based on the real needs of the business.
What is a contract of employment? - Answer- - contract in which a person, the
employee, undertakes a work for a limited time and remuneration for another person,
the employer, under his direct control subordination
What is a contract or entreprise or for services\? - Answer- A contract of entreprises or
services is a contract in which a person, the independant contractor, performs work
(physical or intellectual) or provide services to another person, the client, that finds
himself binded to pay to the contractor. No subordination between employer and
contractor, andthe cont can perform his act in the means he wants
How to dinstinguish between independant contractor or employee? (SAGAZ TEST) -
Answer- - level of subordination
- intuitue personae (if they can hire other workers to perform the job)
- tools in which they perform the act
- degree of responsability
- degree of financially risk taken by worker
- worker's opporetunity for profit in the performnace of his worker
how to know if the contractor is dependant or independant - Answer- - must see if they
are employee or contractor (SAGAZ)
- if contractor, check if dependant or independant according to their economic status
- complete exclusivity
- only 2 types in the CCQ . iNDEP cONTRACTOR does not exist
- Allows the contractor to be afforded one of the mian benefots of independant
contractors (reasonable notice)
what laws govern the employment contracts? - Answer- CCQ, Labouts Standards Act
and Quebec Charterr