Labour Standards and the CNESST in Quebec: Coverage and Complaint Deadlines

In Quebec, minimum labour standards come from the Act respecting labour standards (LNT), administered by the CNESST, and the deadline to file a complaint depends strictly on the type of recourse: 45 days for a complaint about a practice prohibited by section 122 (such as reprisals), 90 days for a complaint tied to age or retirement, 45 days (with 2 years of uninterrupted service in the same enterprise) for a dismissal without good and sufficient cause, while a civil action for a pecuniary claim such as unpaid wages or vacation pay is prescribed by 1 year from each due date.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers Quebec's minimum labour standards under the Act respecting labour standards (LNT), CQLR c N-1.1, and the complaint process administered by the CNESST and, where necessary, the Administrative Labour Tribunal (TAT). It does not cover substantive standards already treated elsewhere on this site, such as minimum wage, see Minimum Wage in Quebec, or termination pay, see Severance Pay in Quebec. It also does not cover psychological harassment, which follows its own distinct complaint process; see Psychological Harassment at Work in Quebec.

What the LNT covers, and who is excluded

The LNT creates Quebec's general regime of minimum labour standards. Its administration is assigned to the CNESST, which the Act names at section 1, paragraph (2) as the Commission des normes, de l'équité, de la santé et de la sécurité du travail. The Act's own text still uses that full name; "CNESST" is simply its common short form.

The LNT does not cover every working relationship in Quebec. Section 3 excludes several categories, including:

• An employee whose exclusive duty is to take care of or provide care to a child or a sick, handicapped or aged person, in that person's dwelling, where that duty is performed on an occasional basis (unless the work serves to procure profit to the employer) or solely within the context of assistance to family or community help.
• Construction industry workers, generally governed instead by the Act respecting labour relations, vocational training and workforce management in the construction industry (R-20).
• Certain people on placement under a recognized educational program.
• Senior managerial personnel.

Paragraph (1) of section 3 is repealed, and the Act defines a domestic as an employee (section 1, paragraph (6)) and sets specific rules for domestics, for example on remedies (section 128, second paragraph).

These exclusions are not absolute for every topic. Two of these groups, construction workers governed by R-20 (paragraph (3)) and senior managerial personnel (paragraph (6)), remain covered by specific standards of the LNT, including sections 81.1 to 81.20 (which cover leaves as well as psychological harassment), even while excluded from the rest of the Act. This article focuses on general standards and complaint deadlines; it does not address minimum wage, hours of work, statutory holidays, or vacation entitlement, which other pages on this site already cover.

Complaint deadlines by type of recourse

The LNT does not set a single deadline for filing a complaint. The deadline depends entirely on which recourse is being exercised.

Section 115 sets the longest period, the prescription of a civil action for a pecuniary claim. The official English text provides: "A civil action brought under this Act or a regulation is prescribed by one year from each due date." (LNT, section 115)

For a complaint about a practice prohibited by section 122, section 123 provides: "An employee who believes they have been the victim of a practice prohibited by section 122 and who wishes to assert the rights must do so before the Commission [...] within 45 days of the occurrence of the practice complained of." (LNT, section 123)

Where the employee instead believes they were dismissed, suspended or retired on the ground set out in section 122.1, section 123.1 extends that deadline: "However, the time limit to file such a complaint is then increased to 90 days." (LNT, section 123.1)

And for a dismissal an employee believes was without good and sufficient cause, section 124 imposes both a deadline and a service requirement: "An employee credited with two years of uninterrupted service in the same enterprise who believes they have not been dismissed for a good and sufficient cause may present a complaint in writing to the Commission [...] within 45 days of the dismissal, except where a remedial procedure, other than a recourse in damages, is provided elsewhere in this Act, in another Act or in an agreement." (LNT, section 124)

An employee without 2 years of uninterrupted service in the same enterprise does not have access to this particular recourse, although other recourses, such as a complaint under section 122 if the facts support it, may still apply. The closing exception also matters: where another remedial procedure, other than a damages action, exists elsewhere in the Act, in another Act or in an agreement (which section 1 defines to include a collective agreement), the section 124 complaint is not available.

The complaint path: from the CNESST to the Administrative Labour Tribunal

Once a complaint is filed with the CNESST within the applicable deadline, the file generally follows these steps:

1. With the parties' agreement, the CNESST may appoint a person to try to settle the complaint (section 123.3 for a section 122 complaint; section 125, first paragraph, for a dismissal complaint).
2. If the file is not resolved, the CNESST refers it to the Administrative Labour Tribunal "without delay" for a complaint under section 122 (section 123.4).
3. For a dismissal complaint under section 124, if no settlement is reached, the CNESST likewise refers the complaint to the TAT "without delay" (section 126).
4. An employee may also file directly with the TAT within the applicable deadline. Sections 123 and 124 (each in their second paragraph) provide that not having first filed with the CNESST cannot then be held against the employee.
5. In a dismissal complaint, the CNESST can require the employer to provide the reasons for the dismissal in writing (section 125, second paragraph).

Where the TAT considers that an employee was dismissed without good and sufficient cause, section 128 allows it to order the employer to reinstate the employee, to order the employer to pay an indemnity up to a maximum equivalent to the wage the employee would normally have earned had they not been dismissed, or to render any other decision it believes fair and reasonable, taking into account all the circumstances. For a domestic or a person whose exclusive duty is to take care of or provide care to a child or a sick, handicapped or aged person, the TAT may only order an indemnity corresponding to the wage and other benefits lost due to the dismissal (section 128, second paragraph). For a section 122 complaint, section 123.4 applies the relevant Labour Code provisions and likewise bars the reinstatement of such a person in the employer's dwelling.

How to file a complaint

A complaint is filed in writing with the CNESST, within the deadline that applies to the type of recourse being exercised, per the table above. Because most deadlines are short, 45 or 90 days rather than a year, it is best to act promptly once the situation giving rise to the complaint occurs rather than waiting.

This article does not cover the substantive standards the LNT otherwise sets, such as minimum wage, statutory holidays, or vacation entitlement: see the pages dedicated to those topics for the applicable detail. It also does not cover psychological harassment, which has its own complaint process and its own 2-year deadline, distinct from the deadlines described above; see Psychological Harassment at Work in Quebec.

Disclaimer: This article provides general information about Quebec's minimum labour standards under the Act respecting labour standards, CQLR c N-1.1, current as of September 2026. It is not legal advice. It does not cover every remedy the Administrative Labour Tribunal can order for each type of complaint, nor the substantive standards covered by other articles on this site. Consult the CNESST or a lawyer licensed to practise in Quebec for advice on your specific situation.