R-24.0.2 - Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

Section 34 Disposition versions

2017-02-08

34. The remuneration of a resource is determined as follows:

(1)  the parties determine what constitutes, for a full service load carried by a resource, a remuneration comparable to the remuneration of persons engaging in analogous activities. To this end, the parties identify jobs in related sectors of activity and adopt an appropriate evaluation methodology;

(2)  the parties determine a rate structure such that the net remuneration of a resource with a full service load is equitable in relation to the annual salary for the jobs evaluated, taking into account, among other things, the number of days worked and the benefits available to resources under any other Act;

(3)  to establish the net remuneration, reasonable operating expenses incurred in the delivery of services and the compensation provided for in subparagraphs b and c of paragraph 4 must be subtracted from the remuneration; what constitutes reasonable operating expenses for a resource with a full service load is determined by the parties;

(4)  the daily remuneration paid to the resource must comprise

(a)  an integrated, overall percentage to stand in lieu of monetary compensation for days of leave equivalent to those paid under the Act respecting labour standards (chapter N-1.1) and the National Holiday Act (chapter F-1.1);

(b)  financial compensation to offset the difference between the rate of the premium or contribution applicable to a self-employed worker under the plans established by the Act respecting parental insurance (chapter A-29.011) and the Act respecting the Québec Pension Plan (chapter R-9), and the rates applicable to an employee under those plans; and

(c)  financial compensation so that a resource may enjoy coverage under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), and financial compensation intended to provide access to services with regard to employment benefits.

2009, c. 24, s. 34; 2017, c. 1, s. 442.

2010-03-31

34. The remuneration referred to in paragraph 1 of section 33 is determined as follows:

(1)  the parties determine what constitutes, for a full service load carried by a resource, a remuneration comparable to the remuneration of persons engaging in analogous activities. To this end, the parties identify jobs in related sectors of activity and adopt an appropriate evaluation methodology;

(2)  the parties determine a rate structure such that the net remuneration of a resource with a full service load is equitable in relation to the annual salary for the jobs evaluated, taking into account, among other things, the number of days worked and the benefits available to resources under any other Act;

(3)  to establish the net remuneration, reasonable operating expenses incurred in the delivery of services and the compensation provided for in subparagraphs b and c of paragraph 4 must be subtracted from the remuneration; what constitutes reasonable operating expenses for a resource with a full service load is determined by the parties;

(4)  the daily remuneration paid to the resource must comprise

(a)  an integrated, overall percentage to stand in lieu of monetary compensation for days of leave equivalent to those paid under the Act respecting labour standards (chapter N-1.1) and the National Holiday Act (chapter F-1.1);

(b)  financial compensation to offset the difference between the rate of the premium or contribution applicable to a self-employed worker under the plans established by the Act respecting parental insurance (chapter A-29.011) and the Act respecting the Québec Pension Plan (chapter R-9), and the rates applicable to an employee under those plans; and

(c)  financial compensation so that a resource may enjoy coverage under the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

2009, c. 24, s. 34.