R-20, r. 7.01 - Regulation respecting the Compensation Fund for Employees in the Construction Industry

Section 8 Disposition versions

2016-01-06

8. The Fund is to compensate an employer’s employee

(1)  for wages unpaid in case of bankruptcy, sequestration, proposal, consumer proposal, voluntary deposit by the employer or dissolution of legal person under section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  for wages unpaid when, after a judgment rendered against the employer, the writ of execution is returned unsatisfied in whole or in part;

(3)  for a maximum amount of $1,000 when no proceeding is brought against the employer, considering the amount of loss of wages in relation to the foreseeable costs of such a proceeding;

(4)  for the difference between the compensatory indemnity to which the employee is entitled under the Regulation respecting indemnities and allowances to jurors (chapter J-2, r. 1) and the wages the employee would have received for the regular working hours that would have been worked during the time the employee acts as a prospective juror after being summoned by the Court and during the time the employee acts as a juror;

(5)  for the wages that the employee is entitled to receive but could not receive by reason of a homologated arbitration award or a final judgment on that award that remained unsatisfied in whole or in part.

For the purposes of this section, the following persons are not considered to be employees of an employer:

(1)  a member, a manager, a senior officer of the partnership;

(2)  a director, a senior officer or a shareholder holding 20% or more of the voting shares of a legal person;

(3)  a guarantor for the issue of a licence issued under the Building Act (chapter B-1.1);

(4)  a representative designated under the Act;

(5)  a person related by filiation in the direct line or a spouse of a person designated in any of subparagraphs 1 to 4;

(6)  an independent contractor.

“Spouse” means the person of the opposite or the same sex who is married or in a civil union with a person or with whom the person has been living in a conjugal relationship for at least 12 months.

O.C. 1050-2015, s. 8.