If 2025 was the year of hesitation for employers, 2026 is the year of the resumption of prudent and, when exercised correctly, effectively . Quebec courts and unions have been particularly active over the past year. Some of the employers' reflexes are now being confirmed; others are clearly being punished. Here are five realities of Quebec labour law that are currently shaping the workplace, as well as the costly mistakes we see daily:

1. TELEWORKING IS NO LONGER UNTOUCHABLE

Telework has weakened supervision, diluted accountability and, in many organizations, provided convenient coverage for underperforming employees. Employers are right to want a return to the office, but not at any price. When telework has become an implied condition of employment, an abrupt recall may constitute dismissal within the meaning of Quebec law. Reasonable notice remains essential.

Even better: clear employment contracts, which expressly mark out the limits of teleworking or hybrid mode. Otherwise, the return to the office is likely to produce more litigation than productivity.

2. THE CONUNDRUM OF ARTIFICIAL INTELLIGENCE IN THE WORKPLACE

AI is now part of the landscape. It improves efficiency and reduces costs. But employers who delegate decision-making to algorithms expose themselves to serious risks. AI is based on qualitative and quantitative data. However, these data are not immune to bias. Biased data leads to biased results, often discriminatory within the meaning of the Quebec Charter. And when that happens, the courts will hold the employer liable, not the technological tool.

AI must remain an aid tool, never a decision-maker. Hiring, discipline and firing decisions must be validated by humans. And AI should never , under any circumstances, be used as a source of legal advice.

3. THE NOTICE PERIOD REMAINS LARGELY UNDER-UTILISED

Reasonable notice of termination is one of the most misunderstood mechanisms of the employment law in Quebec. When properly applied, it benefits all parties.

The employee retains his or her income and has time to reposition himself. The employer, on the other hand, significantly reduces its exposure to severance pay by obtaining an actual performance of work rather than simply paying a compensatory sum.

Despite this, too many employers still opt for immediate dismissal, only to find themselves in avoidable disputes over reasonable notice of termination . We dare to hope that in 2026, employers will finally start listening. Too many human resources departments are opposed to this. They are wrong. Let's talk about it.

4. THE UNIONS: POWERFUL... AND INCREASINGLY INVASIVE

Unions are no longer limited to collective bargaining. In 2025, they have engaged in geopolitical issues, national shutdowns and public policy campaigns that are largely disconnected from working conditions.

For employers benefiting from the absence of trade unions, the message is unequivocal: prevention is crucial. Once the union organization is established, management rights are rapidly reduced. Stopping the process is rarely possible. The only viable strategy remains proactive vigilance, upstream.

5. CALLING SOMEONE "SELF-EMPLOYED" IS NOT ENOUGH

Contract labels carry little weight. Quebec courts examine the factual reality: the degree of control, economic dependence and integration into the business. If you set the schedules, direct the work, and integrate the person into your operations, you most likely have an employee, regardless of the contract wording, billing, or incorporation.

Misqualification remains one of the quickest ways to expose a company to major financial liability.

Our services to secure your employment law practices

To effectively navigate Quebec labour law and manage the challenges related to telecommuting, employee supervision or internal conflicts, abg Legal Consulting offers specialized services to support employers at every stage.

With these services, you can secure your internal practices, reduce your legal risks, and run your business with confidence, all while ensuring a clear and compliant working environment.

Summary table of the 5 realities of Quebec labour law in 2026

#TakeawayIdentified IssueWhat Employers Need to Know
1Telecommuting: beware, it’s no longer untouchableSupervision is more difficult, performance can be hidden, and a sudden return can be a problemProvide reasonable notice and clear contracts defining the limits of telecommuting or hybrid mode to avoid litigation and loss of productivity
2Artificial intelligence in businessAutomated decisions can be biased or discriminatory → full responsibility of the employerAI must remain an aid tool, never a decision-maker. Important decisions like hiring, discipline, or firing should always be validated by humans
3Underused notice periodMany employers immediately dismiss → risk of litigation and misapplied compensationUsing the reasonable notice period well to limit litigation and ensure a fair transition for the employee
4Trade unions: powerful and invasiveUnions often outgrow collective bargaining → management rights are rapidly diminishing Proactive prevention is key: monitoring and managing risks before a union is established
5Self-employed ≠ EmployeeContract etiquette is not enough; courts rely on facts → financial riskCheck the level of control, economic dependency and integration into the company to determine the actual status. Poor qualification can be costly

Practical Tips for Employers in 2026

In 2026, Quebec labour law is still in flux. Employers are dealing with telework, AI, unionization and the status of self-employed workers. Failure to account for this can lead to costly litigation, lost productivity, and financial vulnerability.

To help you stay compliant and protect your business, here are some concrete and practical actions you can take today:

  • Put your telework practices in writing: your policies should be clear, written and communicated to all employees. Clearly define the terms of remote and hybrid work, as well as performance expectations. This reduces the risk of conflicts and clarifies responsibilities.

  • Approve AI decisions: If you’re using AI tools for hiring, disciplining, or firing, have a human approve all important decisions. Algorithms can be biased and generate discriminatory results, and it is always the employer who is legally responsible.

  • Respect the notice period: immediate dismissal is often contested. Respect the reasonable notice period to allow time for the employee to replace, while minimizing your financial risk. Properly prepared, this period can make a legal risk a regulated and reassuring process for both parties.

  • Anticipate union problems: monitor union activity and be proactive. Have open communication and a labour relations policy in place to avoid the establishment of a union or to manage any negotiations.

  • Check the actual status of the workers: don’t just rely on contracts or invoices. Control, integration into the company, economic dependence: check whether a worker is self-employed or an employee. Poor qualification can be costly

  • Train your HR and managers: make them aware of the latest legal developments, best practices for managing teleworking and the ethical use of AI. A trained team can identify hazards and intervene before they become a problem.

  • Talk openly to your employees: Make sure everyone understands the changes, expectations, and limits of their responsibilities. Clear communication decreases misunderstandings, increases engagement, and reduces internal conflict.

By applying these tips, you protect your business, minimize legal risks and create a productive, secure work environment that complies with Quebec labor law in 2026.

Frequently asked questions about Quebec labour law in 2026

Can an employer impose a return to the office after a period of telework in Quebec?

Yes, an employer can require a return to in-person work, but this decision must be exercised with caution. When telework has become a long-term part of the job and has become an implicit condition of employment, an abrupt return can be interpreted as a substantial change in working conditions. In such a context, Quebec labour law generally requires reasonable notice.

Is telework an acquired right for employees in Quebec?

Telework is not recognized as a fundamental right in Quebec labour law. However, prolonged practice without clear contractual guidelines can create legitimate expectations. The courts analyze the duration, consistency and communications of the employer before assessing the legitimacy of a return to face-to-face work.

Can artificial intelligence be used to make human resources decisions?

Artificial intelligence can be used as a decision-making tool, but it cannot replace human judgment. In Quebec labour law, the employer remains fully responsible for decisions related to hiring, discipline or dismissal, even when an automated tool is used.

Who is responsible in the event of a discriminatory decision generated by artificial intelligence?

The responsibility lies with the employer. Quebec courts consider AI to be a tool and not an autonomous decision-maker. Any discriminatory decision based on biased data engages the responsibility of the employer, regardless of the origin of the technology used.

What is a reasonable notice of termination in Quebec labour law?

Reasonable notice of termination is a period of time during which the employee continues to work or receive pay after the termination of employment is announced. It aims to allow the employee to reposition himself or herself in the labour market while reducing the employer’s financial exposure.

Why is the notice period often underused by employers?

Many employers still opt for immediate dismissal for the sake of speed. This approach frequently leads to disputes related to severance pay, while the notice period remains an effective and recognized legal tool in employment law.

What is the difference between an employee and a self-employed worker in Quebec?

The distinction is based on the factual reality of the employment relationship. The courts assess, among other things, the degree of control exercised, integration into the company, economic dependence and real autonomy, regardless of the title or contract used.

How abg Legal Advice Company can help you

ABG Conseils Juridiques helps entrepreneurs to legally structure teleworking and to regain control over internal uses. We detect legal risks, monitor compliance with established policies and act in the event of disputes over the employer's responsibilities. With us, you can secure your practices and manage your business with complete peace of mind.

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