S-2.1 - Act respecting occupational health and safety

Section 36 Disposition versions

2016-01-01

36. A worker is entitled, for the first five working days of his work stoppage, to be remunerated at his regular wage rate and to also receive from his employer, where section 42.11 or 1019.4 of the Taxation Act (chapter I-3) applies to the worker, remuneration equal to the aggregate of the tips that could reasonably be considered to be attributable to those days and that the worker would have reported to his employer under that section 1019.4 or that his employer would have attributed to him under that section 42.11.

At the end of that period, the worker is entitled to the income replacement indemnity to which he would be entitled under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) if he then became unable to carry on his employment by reason of an employment injury within the meaning of that Act.

To decide a case under this section, the Commission shall apply the Act respecting industrial accidents and occupational diseases to the extent that it is consistent with this Act; its decision may be the object of an application for review and contestation before the Administrative Labour Tribunal in accordance with this Act.

1979, c. 63, s. 36; 1985, c. 6, s. 524; 1997, c. 85, s. 412; 1997, c. 27, s. 36; 2015, c. 15, s. 237.

1998-04-01

36. A worker is entitled, for the first five working days of his work stoppage, to be remunerated at his regular wage rate and to also receive from his employer, where section 42.11 or 1019.4 of the Taxation Act (chapter I-3) applies to the worker, remuneration equal to the aggregate of the tips that could reasonably be considered to be attributable to those days and that the worker would have reported to his employer under that section 1019.4 or that his employer would have attributed to him under that section 42.11.

At the end of that period, the worker is entitled to the income replacement indemnity to which he would be entitled under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) if he then became unable to carry on his employment by reason of an employment injury within the meaning of that Act.

To decide a case under this section, the Commission shall apply the Act respecting industrial accidents and occupational diseases to the extent that it is consistent with this Act; its decision may be the object of an application for review and contestation before the Commission des lésions professionnelles in accordance with this Act.

1979, c. 63, s. 36; 1985, c. 6, s. 524; 1997, c. 85, s. 412; 1997, c. 27, s. 36.

1997-12-19

36. A worker is entitled, for the first five working days of his work stoppage, to be remunerated at his regular wage rate and to also receive from his employer, where section 42.11 or 1019.4 of the Taxation Act (chapter I-3) applies to the worker, remuneration equal to the aggregate of the tips that could reasonably be considered to be attributable to those days and that the worker would have reported to his employer under that section 1019.4 or that his employer would have attributed to him under that section 42.11.

At the end of that period, the worker is entitled to the income replacement indemnity to which he would be entitled under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) if he then became unable to carry on his employment by reason of an employment injury within the meaning of that Act.

To decide a case under this section, the Commission shall apply the Act respecting industrial accidents and occupational diseases to the extent that it is consistent with this Act; its decision may be the object of an application for review and appeal in accordance with this Act.

1979, c. 63, s. 36; 1985, c. 6, s. 524; 1997, c. 85, s. 412.

1985-08-19

36. A worker is entitled, for the first five working days of his work stoppage, to be remunerated at his regular wage rate.

At the end of that period, the worker is entitled to the income replacement indemnity to which he would be entitled under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) if he then became unable to carry on his employment by reason of an employment injury within the meaning of that Act.

To decide a case under this section, the Commission shall apply the Act respecting industrial accidents and occupational diseases to the extent that it is consistent with this Act; its decision may be the object of an application for review and appeal in accordance with this Act.

1979, c. 63, s. 36; 1985, c. 6, s. 524.

1981-01-01

36. A worker is entitled, for the first five working days of his work stoppage, to be remunerated at his regular wage rate. Thereafter, he is entitled, for the period of his work stoppage, to the indemnity provided in subparagraph b of subsection 1 of section 2 of the Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries (chapter I-7).

To decide a case under this section, the Commission shall apply, mutatismutandis, subsections 2 and 3 of section 2, and sections 3, 4, 5, 6, 7, 10, 12, 13 and 14 of the act contemplated in the first paragraph, and the Workmen’s Compensation Act to the extent that it is consistent with this act.

1979, c. 63, s. 36.