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.
Labor relations: a legal framework
The syndicate must abide to several obligations toward its employees. These obligations are stipulated in the Civil Code of Québec, as well as in various social and tax laws. It shall:
In addition to these obligations, as an employer, the syndicate must abide to, various standards imposed by the Labor Standards Act respecting, namely:
Health and safety
Every employer has the fundamental obligation to ensure the health and safety of his workers:
In addition to, and in relation with these obligations, the Act respecting occupational health and safety provides:
Under the Act respecting industrial accidents and occupational diseases, a worker who suffers a workplace accident or an occupational disease has:
The occupational health and safety system is funded by all employers, who contribute thereto annually, in accordance with their payroll and their type of activity.
Both the Labor Standards Act and the Act respecting industrial accidents and occupational diseases aim to protect a worker from any form of harassment in the workplace (sexual harassment, degrading words, verbal abuse and threats) that would have the effect of undermining his dignity.
Any employee can denounce a situation of psychological harassment that he may have suffered at work, that is to say any vexatious conduct conveyed by behaviors, words, actions or gestures, recurrent or not (depending on their severity), which are hostile or unwanted, thus undermining the dignity or psychological integrity of the employee. This form of harassment may come from a supervisor, colleague, client or supplier, and possibly from a co-owner. If this is the case, the syndicate-employer has the obligation to intervene to put an end to any such behavior.
WHAT YOU SHOULD KNOW ! The syndicate of co-owners must respect all employment contracts clauses. If it does not honor its contractual obligations, it is at risk of engaging the civil liability of the co-ownership. In such cases, a syndicate could be condemned to pay damages to the employee.
WHAT TO KEEP IN MIND : The syndicate of co-owners which employs staff must, without exception, respect the contractual and legal obligations associated thereto. Its two main obligations, within the framework of an employment contract, are the employee remuneration and the provision of the means necessary to carry out its mandate.
WARNING ! Sexual or psychological harassment can have harmful consequences to the worker's health. This prejudice may, depending on the circumstances, be considered as an employment injury indemnified under the Act respecting industrial accidents and occupational diseases.