R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Section 81 Disposition versions

2011-06-13

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of this Act or out of a collective agreement in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such period of 15 days, or to produce the journeyman competency certificate;

(a.1)  exercise against the directors of a legal person those of the recourses arising out of this Act or a collective agreement in favour of the employees and that may be exercised against them;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate or the recipient of an exemption required for that work and from his employer, an additional amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20% of such amounts in the case of a first failure, and to 40% of such amounts in other cases; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer or by any other means of proof establishing the number of hours necessary for the carrying out of the work;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of 10 clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38; 1996, c. 74, s. 42; 1998, c. 46, s. 114; 1999, c. 40, s. 257; 2011, c. 18, s. 56.

1999-10-22

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of this Act or out of a collective agreement in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such period of 15 days, or to produce the journeyman competency certificate;

(a.1)  exercise against the directors of a legal person those of the recourses arising out of this Act or a collective agreement in favour of the employees and that may be exercised against them;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate or the recipient of an exemption required for that work and from his employer, an additional amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20% of such amounts; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer or by any other means of proof establishing the number of hours necessary for the carrying out of the work;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of 10 clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38; 1996, c. 74, s. 42; 1998, c. 46, s. 114; 1999, c. 40, s. 257.

1998-06-20

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of this Act or out of a collective agreement in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of 15 days, or to produce the journeyman competency certificate;

(a.1)  exercise against the directors of a legal person those of the recourses arising out of this Act or a collective agreement in favour of the employees and that may be exercised against them;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate or the recipient of an exemption required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20 % of such amounts; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer or by any other means of proof establishing the number of hours necessary for the carrying out of the work;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of 10 clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38; 1996, c. 74, s. 42; 1998, c. 46, s. 114.

1996-12-23

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of a collective agreement in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate or the recipient of an exemption required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20 % of such amounts; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of ten clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38; 1996, c. 74, s. 42.

1995-02-08

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of a collective agreement in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20 % of such amounts; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of ten clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38.

1995-01-01

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of a collective agreement in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of ten clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52.

1988-06-17

81. To ensure the carrying out of the decree, the Commission may:

(a)  exercise recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the provisions of any decree relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other provisions of the decree;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of ten clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in the decree.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6.

1987-02-15

81. To ensure the carrying out of the decree, the Commission may:

(a)  exercise recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the provisions of any decree relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other provisions of the decree;

(f)  at any reasonable time, require from any employer or employee, even at the place of work, privately and by solemn affirmation or under oath in accordance with the Code of Civil Procedure (chapter C-25), any information considered necessary;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in the decree.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298.

1987-01-01

81. To ensure the carrying out of the decree, the Commission may:

(a)  exercise recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the journeyman competency certificate;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the provisions of any decree relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20% of the difference between the obligatory amount and that actually paid;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other provisions of the decree;

(f)  at any time, require from any employer or employee, even at the place of work, privately and by solemn affirmation or under oath in accordance with the Code of Civil Procedure (chapter C-25), any information considered necessary;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in the decree.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50.

1979-02-15

81. To ensure the carrying out of the decree, the board may:

(a)  exercise recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the provisions of any decree relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to twenty per cent of the difference between the obligatory amount and that actually paid;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other provisions of the decree;

(f)  at any time, require from any employer or employee, even at the place of work, privately and by solemn affirmation or under oath in accordance with the Code of Civil Procedure, any information considered necessary;

In force: 1979-12-12

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in the decree.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21.

1977-12-31

81. To ensure the carrying out of the decree, the board may:

(a)  exercise recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  recover from the employer and the employee who violate the provisions of any decree relating to wages, and from each of them, an amount equal to 20% of the difference between the obligatory wage and that received by the employee;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in the three foregoing paragraphs;

(e)  at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other provisions of the decree;

(f)  at any time, require from any employer or employee, even at the place of work, privately and by solemn affirmation or under oath in accordance with the Code of Civil Procedure, any information considered necessary;

(g)  by demand in writing made to any employer or contracting artisan, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in the decree.

1971, c. 46, s. 2; 1975, c. 51, s. 16.