Definition : Janitor

August 14, 2022 - The phenomenon of psychological harassment in the workplace is increasingly reported and publicized. It manifests itself in many forms through intimidating, vexing and inappropriate behaviors. This scourge of society is being fought, wherever it occurs. No one can hide behind any legal status, including that of co-ownership. A syndicate of co-owners, as an employer, must take reasonable steps to prevent any form of psychological harassment among its employees and, when such conduct is brought to its attention, to put an end to it.  

August 2, 2022- As important players in a co-ownership, employees of a syndicate of co-owners ensure its proper functioning by performing various services expected by residents. The syndicate is thus "the employer", responsible for the safety and health of its employee. Since 2004, the Act respecting labour standards provides that every employee has the right to a work environment free from all forms of psychological harassment. For example, in the event of a dispute caused by a co-owner who exerts regular pressure on the concierge or the doorman, the syndicate must take the necessary measures. If the emplyee files a complaint of harassment, the co-ownership may be held liable for the actions of one of its members.

November 18, 2021- When it comes to hiring labour in a co-ownership, many directors think that it would be simpler and less expensive if it were provided by contract that the janitor, for example, would be considered a "self-employed". By doing so, it would not be appropriate to deduct deductions for tax purposes, or contributions to Employment Insurance or the Québec Pension Plan (QPP) at source.  In addition, it is believed that this avoids red tape and contributions to the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST). In short, it costs less and everyone is happy...

Relocations and move-ins involve going through the common portions of the building to transport furniture, boxes and other personal belongings. These operations could turn into a real mess or nightmare if, in a co-ownership, the framework for managing them has not been clearly established. While certain provisions of the Declaration of Co-Ownership are universal on this issue, nothing prevents a syndicate of co-owners from improving its content in order to adapt them to its own reality.    

The management of the staff of the co-ownership involves several responsibilities. If the employer is the syndicate of co-owners, it is the board of directors and sometimes even the condo manager, in his capacity as mandatary of the syndicate, who is competent to give instructions to the employees of the co-ownership. Whether it is the janitor, the caretaker or the gardener, the implications are financial and affect the supervision of the employees. This management must take into account the following elements: recruitment, remuneration, employee performance evaluation, training and occupational health and safety. It must therefore be done rigorously.

A syndicate of co-owners can sometimes evolve into a small and medium size enterprise, an SME. Even more so if it assigns personnel to the various common portions maintenance chores of the immovable. Yet, people hired by a syndicate have rights. In fact, their prerogatives are the same as those in force in the labor market. It is better to be aware of them and to understand the consequences. In addition, the management of personnel within a co-ownership is the responsibility of the board of directors, whether it is the concierge, the security guard, the salaried manager or any other building employee. He is in charge of hiring and dismissal but also of training. He must ensure that the work done by the employees corresponds to the situation of the building knowing that the attributions can evolve over time.

Among the employees of a condominium building, we find the janitor. The latter's main mission is to carry out various housekeeping work in the common portions of the building. He takes care of both the interior and the exterior, the entrance, the hall, the corridors, the stairs and sometimes the garden. He also ensures general surveillance of the building and must report the disorders if necessary. The relationship between the syndicate and the janitor, like any contractual relationship, must be well defined from the beginning, in order to avoid conflicts that can be costly for the co-ownership.  

18 octobre - Congédier un employé devenu célibataire risque de coûter cher à un employeur, si l'on se fie à une décision rendue le 3 septembre 2013 par la Commission des relations du travail. L'histoire dont il est question concerne des immeubles à logements locatifs, mais elle pourrait aussi s'appliquer à des copropriétés.