N-1.1 - Act respecting labour standards

Section 39 Disposition versions

2023-06-08

39. The Commission may

(1)  ascertain the wage paid to an employee by their employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to the employee;

(5)  accept on behalf of an employee, with the employee's consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

(7)  (paragraph repealed);

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;

(13)  prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;

(14)  require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;

(15)  where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer;

(16)  send to the competent authority of a State a request for the enforcement of a decision ordering the payment of a sum of money under this Act;

(17)  enter into an agreement, in accordance with the applicable legislative provisions, with a government department or body, with another government or an international organization, or with a body of such a government or organization, for the application of this Act and the regulations;

(18)  grant financial assistance to support informational, awareness-raising or training initiatives concerning labour standards.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6; 2010, c. 21, s. 2; 2018, c. 21, s. 3; 2023, c. 11, s. 1; 2022, c. 22, s. 179.

2023-06-01

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

(7)  (paragraph repealed);

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;

(13)  prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;

(14)  require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;

(15)  where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer;

(16)  send to the competent authority of a State a request for the enforcement of a decision ordering the payment of a sum of money under this Act;

(17)  enter into an agreement, in accordance with the applicable legislative provisions, with a government department or body, with another government or an international organization, or with a body of such a government or organization, for the application of this Act and the regulations;

(18)  grant financial assistance to support informational, awareness-raising or training initiatives concerning labour standards.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6; 2010, c. 21, s. 2; 2018, c. 21, s. 3; 2023, c. 11, s. 1.

2018-06-12

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

(7)  (paragraph repealed);

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;

(13)  prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;

(14)  require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;

(15)  where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer;

(16)  send to the competent authority of a State a request for the enforcement of a decision ordering the payment of a sum of money under this Act;

(17)  enter into an agreement, in accordance with the applicable legislative provisions, with a government department or body, with another government or an international organization, or with a body of such a government or organization, for the application of this Act and the regulations.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6; 2010, c. 21, s. 2; 2018, c. 21, s. 3.

2010-09-29

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

(7)  (paragraph repealed);

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;

(13)  prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;

(14)  require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;

(15)  where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer;

(16)  send to the competent authority of a State a request for the enforcement of a decision ordering the payment of a sum of money under this Act.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6; 2010, c. 21, s. 2.

2003-05-01

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

(7)  (paragraph repealed);

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;

(13)  prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;

(14)  require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;

(15)  where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6.

1994-12-21

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

Not in force

(7)  pay to an employee, following the bankruptcy of his employer, the benefits contemplated in paragraph 4 of section 29;

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5.

1991-01-01

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this Act or a regulation and remit them to him;

(5)  accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

Not in force

(7)  pay to an employee, following the bankruptcy of his employer, the benefits contemplated in paragraph 4 of section 29;

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this Act or a regulation, notwithstanding any Act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to this Act or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53.

1979, c. 45, s. 39; 1990, c. 73, s. 11.

1980-04-16

39. The Commission may

(1)  ascertain the wage paid to an employee by his employer;

(2)  establish forms to be used by employers and employees;

(3)  establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;

(4)  collect or receive the amounts owing to an employee under this act or a regulation and remit them to him;

(5)  accept for an employee, when he consents to it, partial payment of the amounts due to him by his employer, without prejudice to the rights of the employee as to the remainder;

Not in force

(6)  pay the amounts it considers to be due by an employer to an employee under this act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein;

Not in force

(7)  pay to an employee, following the bankruptcy of his employer, the benefits contemplated in paragraph 4 of section 29;

(8)  institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this act or a regulation, notwithstanding any act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

(9)  intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;

(10)  intervene at any time in an action relating to this act or a regulation;

(11)  authorize a mode of payment of wages other than that provided for in section 42;

(12)  authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53.

1979, c. 45, s. 39.