Since the adoption of Bill 96 in 2022, which reinforces the Charter of the French Language, Quebec employers’ obligations to the Office québécois de la langue française (OQLF) have increased considerably. More than just a linguistic issue, this is now a genuine human resources compliance and risk management issue for employers.
Employers must ensure that their practices, documents and processes fully comply with these requirements, or face significant penalties.
French at the heart of the employment relationship
The Act confirms the right of workers to carry out their activities in French. In concrete terms, employers must use French in all written communications with employees, including :
- internal policies and employee manuals ;
- internal newsletters and general communications ;
- disciplinary and administrative notices ;
- communications with trade unions or workers’ associations;
- training documents.
The use of a language other than French is only permitted if the employee expressly requests it, on an individual basis. French must remain the norm in the work environment.
Contracts and documents: in French please !
The law imposes strict rules on the language of contractual documents:
- Employment contracts must be drawn up in French, subject to certain clearly defined exceptions.
- Membership contracts and related documents must be submitted in French before being signed in any other language.
Failure to comply with these obligations may result in nullity of the contract, without proof of prejudice being required.
Job offers: compulsory justification of language requirements
Requiring knowledge of a language other than French to enter or remain in a job is not forbidden, but it must be rigorously justified. In particular, the employer must:
- demonstrate the existence of a real linguistic need linked to the job’s duties;
- ensure that existing in-house language skills are insufficient;
- limit this requirement to what is strictly necessary;
- clearly state the reasons for this requirement in the job offer.
This analysis is now essential, particularly in the context of recruitment, promotion or transfer. It is therefore no longer acceptable, for example, to simply state “Knowledge of English (an asset)”.
Zero tolerance for discrimination and retaliation.
The Act strengthens the protection afforded to workers against language-based discrimination or harassment, or any form of reprisal against a person exercising a Charter right. The penalties provided for are significant: high daily fines can be imposed not only on the company, but also on its directors and officers, depending on the nature of the offence.
Francization: from 25 employees
Francization obligations have also been extended; from 25 employees upwards, a company is now subject to francization obligations.
The Office québécois de la langue française (OQLF) may even require the creation of a francization committee in certain companies with fewer than 100 employees.
In conclusion
Bill 96 therefore obliges employers to ensure the use of the French language in their HR practices, internal communications, contracts and management processes.
A review of your policies, contracts and job postings is highly recommended to ensure that your practices comply with current requirements, even if you work mainly in French!
Don’t hesitate to contact us and find out more about our HR Kit, which will help you structure your practices while complying with your legal obligations.
An article by our Human Capital team
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