Quebec Employment Law for Martial Arts Schools: Non-Competes, Pay and Hiring Rules

Quebec permits a non-compete only in writing, limited in time, place and type of work, and not after a dismissal without serious reason.

Can a martial arts school in Quebec make instructors sign a non-compete?

Under Civil Code of Quebec art. 2089, a non-compete must be in writing and expressly limited in time, territory and type of work to what is necessary to protect the employer. The employer bears the burden of proving it is valid. Under art. 2095, the employer cannot enforce it if the employer ended the employment without a serious reason, or gave the employee a serious reason to quit. Quebec courts generally will not rewrite an over-broad clause, so it fails entirely. There’s no income threshold, and a narrow clause for a key instructor can be valid.

Can you stop a departing instructor from soliciting your students?

Courts assess customer non-solicitation clauses for reasonableness under the duty of loyalty and the Civil Code. Courts have accepted them without a territorial limit when they’re restricted to clients the employee dealt with. Keep them short and limited to students the employee taught.

Can you stop a departing instructor from recruiting your staff?

Generally enforceable if reasonable in duration and scope. They’re reviewed less strictly than non-competes. Not confirmed whether art. 2095 applies to non-solicits, so check with local counsel.

What is the minimum wage for instructors in Quebec?

$16.60 per hour from May 1, 2026, up from $16.10. Quebec adjusts the rate each May 1. The 2027 rate had not been announced as of this research.

When do instructors earn overtime?

Time and a half after 40 hours in a workweek under the Act respecting labour standards. There’s no daily overtime threshold, and no salary threshold for the managerial exemption.

When is the final paycheck due?

Not confirmed: the exact deadline for final wages after the last day, so check CNESST guidance. Accrued vacation pay must be paid when employment ends. Under the Act respecting labour standards, written notice of termination (or pay in lieu) is required after three months of service: 1 week up to 1 year, 2 weeks for 1 to 5 years, 4 weeks for 5 to 10 years, and 8 weeks for 10 years or more. Earned commissions are wages.

What background checks can you run on instructors who teach children?

Section 18.2 of the Quebec Charter of Human Rights and Freedoms bars refusing to hire or dismissing someone for a criminal conviction unrelated to the job, or one for which they’ve been pardoned. Convictions for offences against children are usually job-related for youth instructors. Police background checks, including vulnerable sector screening, come from Quebec police forces with the candidate’s consent. Collecting this information must also comply with Law 25. Quebec has no salary-history ban.

Are martial arts instructors mandated reporters of child abuse?

Yes, for physical or sexual abuse. Under s.39 of the Youth Protection Act, every person must report sexual abuse or physical abuse of a child to the Director of Youth Protection (DPJ). Professionals and people working with children in institutions or child care must report all situations of compromised security. Report to the regional DPJ.

What can a dress code or grooming policy require?

The Quebec Charter protects race, colour, religion, and gender identity or expression, among other grounds, and religious dress must be accommodated. The secularism law (Bill 21), which bans religious symbols, applies only to certain public-sector roles, not private martial arts schools.

How far can a morals or conduct clause reach into off-duty life?

The Quebec Charter lists political convictions as a protected ground. Recreational cannabis is legal, but the legal age in Quebec is 21, and employers can bar impairment at work. Privacy rights under the Charter and Civil Code limit monitoring of off-duty life.

Do you have to disclose pay or allow staff to discuss it?

No pay-range posting requirement. Employers with 10 or more employees must complete and update a pay equity exercise under the Pay Equity Act.

What privacy rules apply to student and parent records?

Law 25 (the modernized Act respecting the protection of personal information in the private sector) applies to every business regardless of size. You must have a person in charge of personal information (by default the owner), publish a privacy policy, and report confidentiality incidents. Collecting information from a child under 14 requires a parent’s consent.

Other Quebec rules that catch school owners

The Charter of the French Language, as amended by Bill 96, requires French versions of job postings, employment contracts and written workplace communications, and French must be available. Employees are entitled to two paid sick or family days a year. Every employer must have a psychological and sexual harassment prevention policy. Children under 14 generally can’t be employed except under listed exceptions, and workers under 17 are limited to 17 hours a week during the school year.

What to watch in Quebec

The minimum wage goes up each May 1. Watch for CNESST enforcement of the harassment-policy and child labour rules, and for Commission d’accès à l’information enforcement of Law 25.

The bottom line for Quebec schools

If you use a non-compete at all, reserve it for senior roles with a real legitimate interest, and keep time, territory and activity narrow. Where Quebec law allows it, a narrow student non-solicitation clause limited to students the employee actually taught, a confidentiality agreement, and real control of the student database protect a school far better.

Sources

• Québec.ca: Le taux général du salaire minimum passera à 16,60 $ le 1er mai 2026
• JD Supra: Canada minimum wage increases in 2026
• HR Reporter: Quebec’s new minimum wage taking effect May 1
• CNESST interpretation guide, Act respecting labour standards s.83

Also for Quebec: Quebec membership contracts

What every martial arts school staff package should contain

• Offer or employment agreement: the legal employer, the role and duties, workplace, pay, employment status and termination terms, reviewed against local rules. U.S. at-will language does not belong in a Canadian contract.
• Compensation schedule: hourly or salary terms, commissions and bonuses, and exactly when each is earned and paid. Record all working time, not only time on the mat. See instructor pay structures and overtime.
• Appearance and conduct policies: functional uniform, hygiene and safety standards with a written accommodation process. See the dress code and grooming guide.
• Child-protection policy: boundaries, private communications, transport, supervision and reporting. See the conduct clause guide and background checks for instructors.
• Confidentiality and data-security agreement: student records, CRM access, permitted use, return and deletion, and protected-disclosure exceptions (in the U.S., the federal DTSA whistleblower-immunity notice). See student data and trade secrets.
• Restrictive-covenant addendum: only what local law permits, usually a narrow student or staff non-solicitation clause; a non-compete only in exceptional cases. See non-compete laws by state and non-solicitation agreements.

Planning for a departure? Read When an instructor leaves: protecting students and records. Every state and province is indexed in the Martial Arts Employment Law Center.

Before you act on this

This article provides general information and is not legal advice. Employment, wage, human-rights, privacy and restrictive-covenant laws change, and their application depends on the exact wording of an agreement, the employee’s duties and pay, where the work is done and when the agreement was signed. Confirm the current statute, regulations and agency guidance, and take advice from a lawyer admitted in the relevant state or province, before drafting, changing or enforcing an employment agreement. Corrections: see our editorial policy.