Québec solidaire MNAs Table a Bill to Prohibit “Grandfather Clauses” with respect to Pension Plans and Group Insurance Plans

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On December 4, 2013, Québec solidaire MNAs Amir Khadir and Françoise David tabled a bill (Bill 499) in the National Assembly which seeks to amend the provisions of the Act Respecting Labour Standards (ARLS) dealing with clauses which provide for differential treatment based solely on one’s date of hire (commonly referred to as “grandfather clauses”). This Bill provides for the addition of a new provision whereby an “agreement” may not, solely on the basis of an employee’s date of hire, have the effect of providing him or her with a supplemental pension plan, a group insurance plan or an employee benefit which is less advantageous than that which is provided to other employees performing the same tasks in the same establishment.

The word “agreement” is defined in section 1 ARLS as an individual contract of employment, a collective agreement or any other agreement relating to conditions of employment, including a Government regulation giving effect thereto.

We will monitor this situation closely and keep you informed of any further developments as they pertain to this Bill.

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