Page 29 - 《客語及少數族群語言政策》附錄_少數語言法律

of the workers of the enterprise.

Such representatives shall be designated by the association of employees representing the majority of the workers or,
where several associations of employees together represent the majority of the workers, such associations shall
designate the representatives by agreement. In the absence of an agreement, or in all other cases, such representatives
shall be elected by the whole body of the workers of the enterprise in the manner and on the conditions determined
by the management of the enterprise.

The workers’ representatives are designated for a period of not more than two years. However, their term as
representatives may be renewed.

1977, c. 5, s. 137; 1983, c. 56, s. 29; 1993, c. 40, s. 49; 1999, c. 40, s. 45; 2002, c. 28, s. 18.

137.1. Workers’ representatives on the francization committee or a subcommittee may, without loss of pay,
absent themselves from work for the time required to attend meetings of the committee or subcommittee and to
perform any committee or subcommittee task. They shall be deemed to be working and shall be remunerated at the
normal rate during that time.

In no case may an employer not remunerate or dismiss, lay off, demote or transfer a worker for the sole reason that
the worker took part in committee or subcommittee meetings or tasks.

Any worker who feels aggrieved by an action that is prohibited by the second paragraph may exercise the rights set
out in the second or third paragraph of section 45, as the case may be.

2002, c. 28, s. 19.

138. The enterprise shall provide the Office with a list of the members of the francization committee and every
subcommittee, and any changes to such list.

1977, c. 5, s. 138; 1993, c. 40, s. 49; 1999, c. 40, s. 45.

138.1. (Replaced).
1983, c. 56, s. 30; 1993, c. 40, s. 49.

139. An enterprise which employs 50 persons or more for a period of six months must register with the Office
within six months of the end of that period. For that purpose, the enterprise shall inform the Office of the number
of persons it employs and provide it with general information on its legal status and its functional structure and
on the nature of its activities.

The Office shall issue a certificate of registration to the enterprise.

Within six months of the date on which the certificate of registration is issued, the enterprise shall transmit an
analysis of its linguistic situation to the Office.

1977, c. 5, s. 139; 1983, c. 56, s. 31; 1993, c. 40, s. 49; 1999, c. 40, s. 45; 2002, c. 28, s. 20.

140. If the Office considers, after examining the analysis of the enterprise’s linguistic situation, that the use of
French is generalized at all levels of the enterprise according to the terms of section 141, it shall issue a
francization certificate.

If, however, the Office considers that the use of French is not generalized at all levels of the enterprise, it shall
notify the enterprise that it must adopt a francization program. In the case of an enterprise to which section 139
applies, the Office may, in addition, order the establishment of a francization committee of four or six members;
in that case, sections 136 to 138 are applicable with the necessary modifications.

The francization program shall be submitted to the Office within six months of the date on which the notice
is received. The program requires the approval of the Office.

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