D-2, r. 9 - Decree respecting the automotive services industry in the Lanaudière-Laurentides regions

Section 10.03 Disposition versions

2012-09-01

10.03. An employer who does not give the notice prescribed in section 10.01, or who gives a notice of an insufficient period, must pay the employee a compensatory indemnity equal to his regular wage, excluding overtime, for a period equal to the period or remaining period of notice to which he was entitled.

That indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than 6 months, or at the end of a period of 6 months after a layoff of indeterminate length, or a layoff expected to last less than 6 months but which exceeds that period.

The indemnity of the employee paid wholly or partly on commission is based on his average weekly wage during the complete pay periods included in the 3 months preceding the employee’s termination of employment or layoff.

The compensating indemnity provided for in section 84.0.13 of the Act respecting Labour Standards (chapter N-1.1), in case of a collective dismissal, may not be cumulated by a same employee. However, an employee shall receive the greater of the indemnities to which he is entitled.

R.R.Q., 1981, c. D-2, r. 44, s. 10.03; O.C. 2573-82, s. 15; O.C. 1385-99, s. 7; O.C. 781-2005, s. 18.