Improving Occupational Protection for Domestic Workers

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On November 1, 2023, the Government of Québec issued the “Regulation respecting the implementation of an agreement on protection for domestic workers under the service employment paycheque framework” (O.C. 1616-2023). This regulation is designed to ensure occupational health and safety protections for domestic workers, aligning with recent legislative updates regarding the definition of “worker.” The regulation stems from the Act respecting industrial accidents and occupational diseases (chapter A-3.001), which now includes domestic workers under specific conditions, thereby recognizing them as “workers” eligible for protections—a significant development for labor rights in this sector.

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (the Commission) and the Minister of Health have established an agreement to outline the implementation of these protections. It specifically applies to domestic workers who are paid under the service employment paycheque framework, superseding the previous regulation associated with the Minister of Health’s programs.

Under this regulation, the Minister of Health is designated as the employer of domestic workers, primarily for the purposes of indemnification and benefits assessment. This ensures that domestic workers receive the necessary health and safety protections. If a domestic worker suffers an employment injury, the Minister must notify the Commission and maintain a record of such incidents. Workers are entitled to income replacement indemnities starting from the first day they are unable to work due to injury.

The agreement establishes clear obligations for both the Minister and the Commission regarding record-keeping, communication, and reimbursement processes for indemnities. Additionally, the Minister is responsible for annually reporting the gross salaries paid to domestic workers and must keep detailed records available to the Commission upon request. The Commission treats domestic workers as “workers” for the purposes of occupational safety regulations and oversees the payment of indemnities for employment injuries, also establishing an employer record for the service employment paycheque framework.

O.C. 1616-2023 aims to improve the rights and protections of domestic workers in Québec. By recognizing domestic workers within the broader framework of occupational health and safety legislation, this regulation aims to provide essential protections that reflect their important role in the labor market. This initiative aims to safeguard vulnerable workers but also sets a precedent for improved labor rights and safety standards in the domestic sector.

Quebec (OC 1616-2023) November 15, 2023