R-20, r. 1 - Regulation respecting the application of the Act respecting labour relations, vocational training and workforce management in the construction industry

Section 5 Disposition versions

2012-09-01

5. Casual employee:

(a)  Definitions: For the purposes of this section,

i.  “casual employee” means any employee who holds a card such as mentioned in subparagraph ii of paragraph b and who usually performs work other than construction work but who may be called upon, in the carrying out of his usual work, to perform work within or outside the scope of the Act, either occasionally or periodically;

ii.  “casual employer” means an employer of the employee mentioned in subparagraph i of paragraph a.

(b)  Control:

i.  Despite any other regulation, the Commission de la construction du Québec may issue identification cards for casual employees on the conditions mentioned hereunder:

(A)  the employee must usually work for the employer mentioned on the card and belong to the employer’s active workforce when submitting his application for a card;

(B)  the employee must hold a qualification or service certificate when such certificate is compulsory to work for his employer beyond the scope of the Act or Decree;

(C)  the request must be made by both the employer and the certified labour association or by the employer and the employee if there is no certified labour association;

(D)  applicants must prove that the employee usually works outside the scope of the Act and of the Decree;

(E)  within the 30 days following acceptance of his application, the employee must notify the Commission of the name of the representative association chosen by him or, as the case may be, of the syndicate, union or certified local affiliated to a representative association of which he is a member.

The Commission may refuse to issue the card if the employee does not notify it of his union allegiance, within the prescribed time.

ii.  Identification card: The following details shall appear on the card of the casual employee:

(A)  the term “casual employee” in bold type and the name of the region for which the card was issued;

(B)  the period covered by the card;

(C)  the name and address of the employee;

(D)  the trade or occupation of the employee;

(E)  the name and address of the employer;

(F)  the date of birth and social insurance number of the employee;

(G)  the precise description of the work that may be performed by the employee;

(H)  the name of the association as notified to the Commission by the employee under subparagraph E of subparagraph i of paragraph b.

iii.  Access to job-site: The employee who holds such card shall have access to a job-site only to carry out such work as specified on his identification card.

The employee shall, upon request, show his card to an inspector from the Commission de la construction du Québec or to any person authorized to this effect by the Commission.

iv.  Revocation: Any card may be revoked at all times.

v.  Additional information: The Commission may, at all times, request from the casual employer any information that it considers advisable concerning the utilization of such card.

vi.  Decree: Subject to the second paragraph, only clauses of the decree concerning remuneration, working hours, overtime, general holidays and union security shall apply.

However, the clauses of the decree concerning union security shall not apply to the casual employee when the latter is a member of a syndicate, a union or a certified local affiliated to a representative association.

R.R.Q., 1981, c. R-20, r. 1, s. 5; O.C. 1259-84, s. 1; O.C. 768-85, s. 1.