Psychological harassment (Quebec)

A buyer of a Quebec business may inherit a workplace where complaints have been made or where the written policy was never adopted. Knowing the statutory definition and the employer’s duties helps frame the questions to put to the seller.

What the Act says

Section 81.18 defines psychological harassment as any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and results in a harmful work environment. A single serious incidence that has a lasting harmful effect on an employee may also constitute it. Under section 81.19, every employee has a right to a work environment free from psychological harassment, and employers must take reasonable action to prevent psychological harassment from any person and, whenever they become aware of such behaviour, to put a stop to it. They must, in particular, adopt and make available to their employees a policy to prevent and manage situations of psychological harassment. Section 97 says the alienation or concession in whole or in part of the undertaking, or the modification of its juridical structure, does not affect the continuity of the application of the labour standards, and CNESST says employers have a duty to prevent psychological or sexual harassment.

What to ask the seller

• Whether the business has the written policy the Act requires
• Complaints or reports received, and how each was handled
• Any open CNESST file or claim

This entry covers Quebec only; check the rules where the business operates. See employees when you sell a business in Quebec and CNESST employer registration.