The establishment shall take the necessary measures to prevent accidents, and ensure the safety and promote the health of residents. The purpose of these measures is to eliminate dangers for residents’ safety and physical integrity.
For the purpose of administration of this Agreement, neither the management, nor the association, nor their respective representatives shall exercise, sexual harassment, discrimination, threats, constraints or unfair distinctions toward a resident on the basis of his race, colour, nationality, social background, language, sex, pregnancy, sexual orientation, civil status, age, religious beliefs or lack thereof, political opinions, physical, family relations, parental situation, or the exercise of a right to which he is entitled under this Agreement or the law.
Discrimination occurs when such a distinction, exclusion or preference has the effect of destroying, compromising or restricting a right to which he is entitled under this Agreement or the law for one of the above-mentioned reasons.
Notwithstanding the foregoing, any distinction, exclusion or preference which is based on abilities or qualities required to perform the duties of a specific post shall be considered to be non-discriminatory
The provisions of Articles 81.18, 81.19, 123.7, 123.15 and 123.16 of the Act respecting labour standards are an integral part of this Agreement.
No form of psychological harassment shall be tolerated. On that basis, the employer and the association shall co-operate to prevent or cause to cease, by appropriate means, situations of psychological harassment.
The establishment and the association undertake not to publish or distribute sexist or discriminatory posters or brochures.
Article 3.03 refers to the provisions of the Act respecting labour standards which define employees’ right to a workplace free of psychological harassment. Thus, section 81.18 of the Act respecting labour standards stipulates that:
“For the purposes of this Act, “psychological harassment” means 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 that results in a harmful work environment for the employee. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature.
A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.”
We suggest you get in touch with the Federation if you believe you have been a victim of psychological harassment, so we can advise you appropriately as to how to have the situation rectified. You should do so as soon as possible, since there is a specific timeframe within which a complaint may be made. The establishment is required both to prevent and to put a stop to harassment.
Residents shall undergo no form of psychological harassment or intimidation from anyone whatsoever, in particular from a person working in the establishment or being located there for professional reasons.
The purpose of this text is to recognize that residents do not have to tolerate psychological harassment from anyone working in the establishment, including practising doctors and any other professionals or third parties with whom you interact.
The representative of the association in the establishment may, at any time during regular working hours, examine the budget of the establishment as well as the budgets of the different services and clinical departments.
The establishment shall recognize praeter legem for the residents all those professional rights to which physicians are otherwise entitled under the law and the regulations governing the Collège. No disciplinary measure may be imposed on a resident as a result of the exercise of these professional rights.
The resident may resign from a position assigned under the decree on the assignment of positions to residents after giving thirty (30) days’ prior notice to the establishment where he is assigned. Under these circumstances, the establishment waives any recourse against the resident.
A resident who gives the establishment his resignation automatically gives up his position, as stipulated in the decree on the assignment of residents’ positions. To be readmitted subsequently into a residency program after resigning, the candidate has to go through the admission process again with a university, with no guarantee he will be accepted, but only after 12 months have elapsed since the date of his resignation.
In this Agreement, where the context requires, any word written in the masculine form shall include the feminine form.