45. An employer within the meaning of subparagraph 7 of the first paragraph of section 1 of the Act respecting labour standards (chapter N-1.1) having an establishment in Québec may offer a voluntary retirement savings plan to employees.
However, any employer who, on 31 December of a given year, employs five eligible employees or more must, in the year that follows, subscribe to a voluntary retirement savings plan and automatically enroll those employees in the plan.
The obligations described in the second paragraph do not apply with respect to (1) eligible employees who
(a) have the opportunity to make contributions, through payroll deductions, to a designated registered retirement savings plan or a designated tax-free savings account, within the enterprise of the employer; or
(b) belong to a category of employees who benefit from a registered pension plan within the meaning of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the employer is party; and
(2) an employer that is an international governmental organization whose head office is in Québec.
For the purposes of this division, “eligible employee” means an employee who
(1) is 18 years of age or over;
(2) is an employee within the meaning of subparagraph 10 of the first paragraph of section 1 of the Act respecting labour standards and works in Québec, or is described in paragraph 1 or 2 of section 2 of that Act; and
(3) is credited with one year of uninterrupted service within the meaning of subparagraph 12 of the first paragraph of section 1 of the Act respecting labour standards.
2013, c. 26, s. 45; 2017, c. 29, s. 2411.