45. (a) Except in the case of undertakings of a seasonal or intermittent nature, any employer who, for technological or economic reasons, foresees having to make a collective dismissal, shall give notice thereof to the Minister of Labour within the following minimum delays:
— two months when the number of dismissals contemplated is at least equal to 10 and less than 100;
— three months when the number of dismissals contemplated is at least equal to 100 and less than 300;
— four months when the number of dismissals contemplated is at least equal to 300.
In the case of a fortuitous event or when an unforeseeable event prevents the employer from respecting the above mentioned delays he shall inform the Minister of Labour as soon as he is in a position to do so.
The Minister of Labour shall transmit forthwith a copy of the notice received to the Société québécoise de développement de la main-d’oeuvre.
(b) Upon the request of the Société and in consultation with it, every employer must immediately take part in the establishment of a committee on reclassification of employees. Such committee shall consist of an equal number of representatives of the certified association or, failing such association, of the employees. The employer shall contribute thereto to such an extent as is agreed upon between the parties.
(c) The employer and the certified association or, failing such association the employees, may, with the consent of the Société and on such conditions as it determines, establish a collective fund for the purposes of reclassification and indemnification of employees.
If necessary, several employers and several certified associations may establish such a collective fund jointly.
(d) This section applies to an employer who dismisses all his employees or certain of his employees of one or several of his establishments in a given region.
It does not apply to an employer who dismisses employees for an indeterminate period, but in fact less than 6 months, nor to establishments affected by a strike or a lockout within the meaning of the Labour Code (chapter C-27).