Model CDD to replace an absent employee in Quebec
Model CDD to replace an absent employee in Quebec
Identification of parties
Between the undersigned :
Employer: [Company name], a legal person incorporated under the laws of the Province of [name of province], having its head office at [full address]. Represented herein by [name of representative], acting in the capacity of [function].
Hereinafter referred to as the “Employer”.
And
Employee: [Employee’s full name], residing at [full address], holder of Social Insurance Number [SIN].
Hereinafter referred to as “Employee”.
Preamble: This contract is a fixed-term contract (CDD) entered into pursuant to the provisions of the Civil Code of Québec and the Act respecting labour standards, in particulararticle 2085 C.c.Q., to ensure the temporary replacement of an absent employee.
The parties agree as follows:
General provisions of the fixed-term contract
Purpose of the contract
The present contract is concluded for the purpose of temporarily replacing an absent employee, namely [name of replaced employee], whose absence is due to [reason for absence: maternity leave, illness, parental leave, etc.]. It is understood that the return of the replaced employee will automatically terminate this contract, without any formality of termination being required, in accordance with the provisions ofsection 82.1 of the Act respecting labour standards.
Position held
The Employee will perform the duties of [job title], which include but are not limited to the following tasks: [detailed description of duties, responsibilities and objectives related to the position]. The Employee undertakes to perform these duties diligently, competently and faithfully, in accordance with the Employer’s quality standards.
Place of work
The principal place of performance of the duties shall be established at [address of place of work]. However, the Employee agrees that this location may be changed within a reasonable radius to meet the Employer’s organizational needs, in accordance witharticle 2091 C.c.Q..
Term of Contract
This contract is effective as of [start date] and will terminate upon the return of the absent employee or no later than [maximum end date]. In no case may the fixed term exceed the period of absence of the replaced employee. Any extension must be the subject of a written amendment signed by both parties.
Working hours
The Employee’s work schedule is set at [number of hours] hours per week, distributed as follows: [working days and hours]. Any significant change to the schedule will be subject to prior agreement between the parties.
Remuneration
The Employee shall receive a gross remuneration of [amount] per [hour/week/month], payable according to the Employer’s usual payroll frequency. Such compensation is subject to applicable statutory deductions. It may include or exclude vacation pay, as specified in the following clause.
Vacation and Holidays
In accordance with the Act respecting labour standards, Employees are entitled to vacation pay equivalent to 4% or 6% of gross salary, depending on their experience, as well as statutory holidays, unless they occur while the Employee is not on the job.
Employee benefits
To the extent applicable, the Employee will be entitled to the benefits offered by the Employer to employees of equivalent status. The precise terms of these benefits will be described in a separate document appended to this contract or given to the Employee upon hiring.
Employee’s obligations
The Employee undertakes to comply with all internal policies, regulations, codes of ethics and operational instructions in force within the Company. Any serious breach of these policies may result in early termination of the contract for cause, in accordance witharticle 2094 C.c.Q.
Confidentiality clause
Throughout his employment and after termination of the present contract, the Employee undertakes to keep strictly confidential all sensitive or strategic information relating to the Employer, its customers, partners or employees, on pain of civil proceedings.
Termination, final provisions and legal notice
Termination of contract
The present fixed-term contract terminates automatically on the return of the replaced employee or on the maximum date specified in article 2. Any early termination must comply with the following conditions:
- Termination by the Employer: the Employer may terminate the contract before its term only for serious cause, as provided for inarticle 2094 of the Civil Code of Québec. Failing this, compensation equivalent to the salary the employee would have earned up to the end of the term is due.
- Termination by the employee: the Employee may terminate the contract before its term by giving reasonable notice, in accordance witharticle 2091 C.c.Q.
- Automatic termination: the contract is automatically terminated without formality upon the return of the replaced employee, without the need for notice or compensation.
Practical tip: To avoid any disputes, it is advisable to include a written clause confirming that the employee is aware of the temporary and exceptional nature of his or her engagement.
Documents to be given to the Employee
- Copy of signed contract
- Internal policies applicable to the position
- Appendices: job description, salary policy, collective agreement, if applicable
Legal notices and compliance
This contract complies with the provisions of Quebec’s Act respecting Labour Standards (LSA), in particular:
- Article 82.1: concerning employee protection in the event of maternity or parental leave
- Articles 84.0.1 to 84.0.3: concerning leaves of absence and maintenance of the employment relationship
- Article 87: on statutory holidays and authorized absences
It also complies with articles 2085 to 2097 of the Civil Code of Québec, which govern fixed-term employment contracts and termination procedures.
Conclusion
The model CDD for replacement of an absent employee presented here is a complete legal tool that complies with Quebec law. It covers all the essential elements:
- Clear identification of the parties and the position to be filled
- Clarification of the temporary nature of the contract and the conditions under which it is to be performed
- Rigorous legal framework for termination and reciprocal obligations
Based on articles of the Civil Code of Québec and the Act respecting labour standards, this model ensures balanced protection for both employer and employee.
Legal tip: It is strongly recommended that this model be validated by a lawyer in any particular situation, especially if the contract is to be applied in a unionized context, or if the replaced employee is on extended leave.
Useful legal sources :
This free template is provided by avocat-montreal.ca, your trusted legal reference in Quebec.
