N-1.1, r. 4 - Regulation respecting labour standards specific to certain sectors of the clothing industry

Updated to 1 September 2012

This document has official status.

chapter N-1.1, r. 4

Regulation respecting labour standards specific to certain sectors of the clothing industry

Act respecting labour standards

(chapter N-1.1, s. 92.1).

DIVISION I GENERAL

1. This Regulation applies to the employers and employees in the clothing industry who would be subject to one of the following decrees, had they not expired:

(1)  the Decree respecting the men’s and boys’ shirt industry (R.R.Q., 1981, c. D-2, r. 11);

(2)  the Decree respecting the women’s clothing industry (R.R.Q., 1981, c. D-2, r. 26);

(3)  the Decree respecting the men’s clothing industry (R.R.Q., 1981, c. D-2, r. 27);

(4)  the Decree respecting the leather glove industry (R.R.Q., 1981, c. D-2, r. 32).

O.C. 1288-2003, s. 1.

2. Any provision of Divisions I to V.I of Chapter IV of the Act respecting labour standards (chapter N-1.1) that is not inconsistent with a provision of this Regulation applies to the employers and employees referred to in section 1.

O.C. 1288-2003, s. 2.

DIVISION II MINIMUM WAGE

3. The minimum wage payable to an employee is $9.90 per hour.

O.C. 1288-2003, s. 3; O.C. 247-2005, s. 1; O.C. 307-2006, s. 1; O.C. 312-2008, s. 1; O.C. 450-2009, s. 1; O.C. 319-2010, s. 1; O.C. 395-2011, s. 1; O.C. 366-2012, s. 1.

DIVISION III STANDARD WORKWEEK

4. For the purpose of computing overtime, the standard workweek of an employee is 39 hours.

O.C. 1288-2003, s. 4.

DIVISION IV STATUTORY GENERAL HOLIDAYS WITH PAY

5. The following are statutory general holidays with pay:

(1)  1 January;

(2)  2 January;

(3)  Good Friday;

(4)  Easter Monday;

(5)  the Monday preceding 25 May;

(6)  1 July, or 2 July where the 1st falls on a Sunday;

(7)  the first Monday in September;

(8)  the second Monday in October;

(9)  25 December.

O.C. 1288-2003, s. 5.

DIVISION V ANNUAL LEAVE WITH PAY

6. An employee who, at the end of a reference year, is credited with less than 1 year of uninterrupted service with the same employer during that period is entitled to an uninterrupted annual leave for a duration determined at the rate of 1 working day for each month of uninterrupted service, for a total leave not exceeding 2 weeks.

O.C. 1288-2003, s. 6.

7. An employee who, at the end of a reference year, is credited with 1 year of uninterrupted service with the same employer during that period is entitled to an annual leave of a minimum duration of 3 weeks, 2 of which are consecutive weeks.

O.C. 1288-2003, s. 7.

8. An employee who, at the end of a reference year, is credited with 3 years of uninterrupted service with the same employer during that period is entitled to an annual leave of a minimum duration of 4 weeks, 3 of which are consecutive weeks.

O.C. 1288-2003, s. 8.

9. The indemnity relating to the annual leave is equal to 4%, 6% or 8% of the employee’s gross wages during the reference year, according to whether the employee is entitled to not more than 2 weeks, at least 3 weeks or at least 4 weeks of annual leave.

O.C. 1288-2003, s. 9.

DIVISION VI LEAVE FOR FAMILY EVENTS

10. An employee may be absent from work for 3 days, without reduction of wages, by reason of the death or funeral of the employee’s spouse, child or the child of the employee’s spouse, or of the employee’s father, mother, brother or sister. The employee may also be absent from work, without pay, for 2 additional days on such occasion.

O.C. 1288-2003, s. 10.

11. An employee may be absent from work for 1 day, without reduction of wages, by reason of the death or funeral of one of the employee’s grandparents, or of the father or mother of the employee’s spouse.

O.C. 1288-2003, s. 11.

12. An employee may be absent from work for 1 day, without pay, by reason of the death or funeral of a son-in-law, daughter-in-law, one of the employee’s grandchildren, or of the brother or sister of the employee’s spouse.

O.C. 1288-2003, s. 12.

DIVISION VII FINAL

13. (Omitted).

O.C. 1288-2003, s. 13.

REFERENCES

O.C. 1288-2003, 2003 G.O. 2, 3601

O.C. 247-2005, 2005 G.O. 2, 705

O.C. 307-2006, 2006 G.O. 2, 1230A

O.C. 312-2008, 2008 G.O. 2, 1088

O.C. 450-2009, 2009 G.O. 2, 1308 and 1585

O.C. 319-2010, 2010 G.O. 2, 867

O.C. 395-2011, 2011 G.O. 2, 944

O.C. 366-2012, 2012 G.O. 2, 1099