N-1.1 - Act respecting labour standards

À jour au 25 novembre 2002

Ce document a valeur officielle.

chapter N-1.1

Act respecting labour standards

CHAPTER I DEFINITIONS

1. In this Act, unless the context indicates a different meaning,

(1)  “delivery” means the natural or the lawfully, medically induced end of a pregnancy by childbirth, whether or not the child is viable;

(2)  “Commission” means the Commission des normes du travail established under section 4;

(3)  “spouse” means either of two persons who

(a)  are married or in a civil union and cohabiting;

(b)  being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child;

(c)  are of opposite sex or the same sex and have been living together in a de facto union for one year or more;

(4)  “agreement” means an individual contract of employment, a collective agreement within the meaning of paragraph e of section 1 of the Labour Code (chapter C-27) or any other agreement relating to conditions of employment, including a Government regulation giving effect thereto;

(5)  “decree” means a decree adopted under the Act respecting collective agreement decrees (chapter D-2);

(6)  “domestic” means an employee in the employ of a natural person whose main function is the performance of domestic duties in the dwelling of that person, including an employee whose main function is to take care of or provide care to a child or to a sick, handicapped or aged person and to perform domestic duties in the dwelling that are not directly related to the immediate needs of the person in question;

(7)  “employer” means any person who has work done by an employee;

(8)  “Minister” means the Minister of Labour;

(9)  “wages” means a remuneration in currency and benefits having a pecuniary value due for the work or services performed by an employee;

(10)  “employee” means a person who works for an employer and who is entitled to a wage; this word also includes a worker who is a party to a contract, under which he or she

i.  undertakes to perform specified work for a person within the scope and in accordance with the methods and means determined by that person;

ii.  undertakes to furnish, for the carrying out of the contract, the material, equipment, raw materials or merchandise chosen by that person and to use them in the manner indicated by him or her; and

iii.  keeps, as remuneration, the amount remaining to him or her from the sum he has received in conformity with the contract, after deducting the expenses entailed in the performance of that contract;

(11)  “week” means a period of seven consecutive days from midnight at the beginning of a particular day to midnight at the end of the seventh day;

(12)  “uninterrupted service” means the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and the period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed.

1979, c. 45, s. 1; 1981, c. 9, s. 34; 1982, c. 53, s. 57; 1990, c. 73, s. 1; 1992, c. 44, s. 81; 1994, c. 12, s. 49; 1996, c. 29, s. 43; 1999, c. 14, s. 15; 2002, c. 6, s. 144.

CHAPTER II SCOPE

2. This Act applies to the employee regardless of where he works. It also applies

(1)  to the employee who performs work both in Québec and outside Québec for an employer whose residence, domicile, undertaking, head office or office is in Québec;

(2)  to the employee domiciled or resident in Québec who performs work outside Québec for an employer contemplated in paragraph 1, provided that, under the law of his place of work, he is not entitled to a minimum wage;

(3)  (paragraph repealed).

This Act is binding on the State.

1979, c. 45, s. 2; 1990, c. 73, s. 2; 1999, c. 40, s. 196.

3. This Act does not apply

(1)  (paragraph repealed);

(2)  to an employee whose exclusive duty, in a dwelling, is to take care of or provide care to a child or to a sick, handicapped or aged person, including, where so required, the performance of domestic duties that are directly related to the immediate needs of that person, if that work does not serve to procure profit to the employer, subject to any regulation made under the second paragraph of section 90;

(3)  to an employee governed by the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), except the standards prescribed by sections 81.1 to 81.17 and, where they relate to any of those standards, the second, third and fourth paragraphs of section 74, paragraph 6 of section 89, Division IX of Chapter IV, Divisions I and II of Chapter V, and Chapter VII;

(4)  to the employee contemplated in subparagraphs i, ii and iii of paragraph 10 of section 1 if the Government, by regulation pursuant to another Act, establishes the remuneration of that employee or the tariff that is applicable to him;

(5)  to a student who works during the school year in an establishment selected by an educational institution pursuant to a job induction programme approved by the Ministère de l’Éducation;

(6)  to senior managerial personnel, except the standards prescribed by sections 81.1 to 81.17 and, where they relate to any of those standards, the second, third and fourth paragraphs of section 74, paragraph 6 of section 89, Division IX of Chapter IV, Divisions I and II of Chapter V, and Chapter VII.

1979, c. 45, s. 3; 1980, c. 5, s. 1; 1985, c. 21, s. 74; 1986, c. 89, s. 50; 1988, c. 41, s. 88; 1990, c. 73, s. 3; 1993, c. 51, s. 43; 1994, c. 16, s. 50.

3.1. Notwithstanding sections 2 and 3, Division VI.1 of Chapter IV and sections 122.1 and 123.1 apply to all employees and to all employers.

1982, c. 12, s. 1; 1990, c. 73, s. 4.

CHAPTER III THE COMMISSION

4. A body is established under the name of “Commission des normes du travail”.

1979, c. 45, s. 4.

5. The Commission shall supervise the implementation and application of labour standards. It shall, in particular, exercise the following functions:

(1)  inform the population on matters dealing with labour standards;

(2)  supervise the application of labour standards and, where necessary, transmit its recommendations to the Minister;

(3)  receive complaints from employees and indemnify them to the extent provided in this Act and the regulations;

Not in force

(4)  following the bankruptcy of an employer, compensate his employees in accordance with this Act and the regulations;

(5)  endeavour to bring about agreement between employers and employees as to their disagreements in relation to the application of this Act and the regulations.

1979, c. 45, s. 5; 1990, c. 73, s. 5.

6. The Commission is a legal person.

1979, c. 45, s. 6; 1999, c. 40, s. 196.

6.1. The Commission may enter into agreements, according to law, with a government department or body for the purposes of the Acts and regulations under its administration.

1994, c. 46, s. 1.

6.2. The Commission shall reimburse to the Minister the disbursements he has made in respect of the remedies exercised under Divisions II and III of Chapter V.

The sums paid by the Commission shall be deposited in a specific purpose account to which the provisions of sections 6 and 7 of the Financial Administration Act (chapter A-6.001), adapted as required, shall apply.

For the purposes of the first paragraph, the Minister shall enter into a specific agreement with the Commission.

1997, c. 2, s. 1; 2000, c. 15, s. 138.

7. The Commission has its head office at the place determined by the Government; a notice of the location or of any change of location of the head office is published in the Gazette officielle du Québec.

The Commission may hold its sittings at any place in Québec.

1979, c. 45, s. 7.

8. The Commission is composed of not more than 13 members, appointed by the Government, including a chairman and at least one person from each of the following groups:

(1)  non-unionized employees;

(2)  unionized employees;

(3)  employers from the big business sector;

(4)  employers from the small and medium-sized business sector;

(5)  employers from the cooperative sector;

(6)  women;

(7)  young people;

(8)  family;

(9)  cultural communities.

These nine members shall be appointed after consultation with associations or bodies representative of their respective groups.

Members, excluding the chairman, must be drawn equally from the employee sector and the employer sector.

1979, c. 45, s. 8; 1990, c. 73, s. 6.

9. The chairman of the Commission is appointed for a term of not over five years. The other members are appointed for a term of not over three years.

1979, c. 45, s. 9.

10. The chairman holds office on a full-time basis. He presides at meetings of the Commission.

He is also the director general of the Commission and, in that capacity, is responsible for the administration and direction of the Commission within the scope of its regulations.

1979, c. 45, s. 10.

10.1. The chairman is assisted by two vice-chairmen in the performance of his duties under the second paragraph of section 10.

1992, c. 26, s. 1; 1999, c. 52, s. 1.

10.2. The vice-chairmen are appointed for not more than five years by the Government. They hold office on a full-time basis.

The chairman or, failing the chairman, the Minister shall appoint one of the vice-chairmen to replace the chairman in the performance of all of the chairman’s duties where the latter is absent or unable to act.

1992, c. 26, s. 1; 1999, c. 52, s. 2.

11. The Commission may generally or specially authorize a person to exercise the powers conferred upon it by this Act.

1979, c. 45, s. 11.

12. A member of the Commission or a vice-chairman remains in office at the expiry of his term until he is replaced or reappointed.

1979, c. 45, s. 12; 1992, c. 26, s. 2; 1999, c. 52, s. 3.

13. If a member of the Commission or a vice-chairman does not complete his term of office, the Government shall appoint a person to replace him for the remainder of his term.

1979, c. 45, s. 13; 1992, c. 26, s. 3; 1999, c. 52, s. 4.

14. (Repealed).

1979, c. 45, s. 14; 1992, c. 26, s. 4.

15. The Commission shall meet at least once every three months.

1979, c. 45, s. 15.

16. The majority of the members including the chairman are a quorum of the Commission.

Decisions are taken by the majority of votes; in the case of a tie-vote, the chairman has a casting vote.

1979, c. 45, s. 16.

17. A decision signed by all the members has the same value as if it had been taken at a regular meeting.

1979, c. 45, s. 17.

18. Minutes of the sittings of the Commission approved by the latter are authentic, as are copies or extracts certified true by the chairman, a vice-chairman or the secretary of the Commission.

1979, c. 45, s. 18; 1992, c. 26, s. 5; 1999, c. 52, s. 5.

19. The Government shall determine, as the case may be, the conditions of employment, salaries, additional salaries, allowances and indemnities or social benefits to which the chairman, the other members and the vice-chairmen of the Commission are entitled.

1979, c. 45, s. 19; 1992, c. 26, s. 6; 1999, c. 52, s. 6.

20. The secretary and the members of the personnel of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

1979, c. 45, s. 20; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

21. The expenses of the Commission, including the salaries, allowances and indemnities or social benefits of the vice-chairmen of the Commission, of its secretary, of its members and of its personnel, are paid out of its revenues.

1979, c. 45, s. 21; 1992, c. 26, s. 7; 1999, c. 52, s. 7.

22. A member of the Commission or a vice-chairman may not be prosecuted by reason of an act done in good faith in the performance of his duties.

Except on a question of jurisdiction, no recourse provided for in articles 33 and 834 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised nor any injunction granted against the Commission or against a member or a vice-chairman of the Commission acting in his official capacity.

1979, c. 45, s. 22; 1992, c. 26, s. 8; 1999, c. 52, s. 8.

23. A judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to section 22.

1979, c. 45, s. 23; 1979, c. 37, s. 43.

24. The chairman and the vice-chairmen shall not, under pain of forfeiture of office, have any direct or indirect interest in an undertaking putting their personal interest in conflict with that of the Commission. However, such forfeiture is not incurred if such an interest devolves to them by succession or gift, provided they renounce or dispose of it with all possible dispatch.

Any member of the Commission, other than the chairman, who has a direct or indirect interest in an undertaking must, on pain of forfeiture of office, disclose it in writing to the other members of the Commission and refrain from participating in any decision in connection with the undertaking in which he has that interest.

1979, c. 45, s. 24; 1992, c. 26, s. 9; 1999, c. 52, s. 9.

25. The fiscal period of the Commission ends on 31 March each year.

1979, c. 45, s. 25.

26. Not later than six months after the end of its fiscal period, the Commission must remit to the Minister a report of its activities for that fiscal period; this report must contain all the information the Minister may require.

The Commission must furnish to the Minister any other information he may require on its operations.

1979, c. 45, s. 26; 1990, c. 73, s. 7.

27. The Minister shall table the report of the Commission before the National Assembly, if it is in session, within thirty days of receiving it; if he receives it while it is not sitting, he shall table it within thirty days of the opening of the next session or resumption, as the case may be.

1979, c. 45, s. 27.

28. The books and accounts of the Commission shall be audited each year by the Auditor General and, in addition, every time the Government so orders.

The report of the Auditor General must accompany the annual report of the Commission.

1979, c. 45, s. 28.

28.1. The Commission des normes du travail shall contribute to the fund of the Commission des relations du travail referred to in section 137.62 of the Labour Code (chapter C-27) to provide for expenses incurred by the Commission in relation to proceedings brought before the Commission under Divisions II and III of Chapter V of this Act.

The amount and terms and conditions of payment of the contribution of the Commission des normes du travail shall be determined by the Government after consultation with the Commission by the Minister.

2001, c. 26, s. 139.

29. The Commission may, by regulation,

(1)  adopt rules of internal management;

(2)  establish committees to examine such matters as it may determine;

(3)  require an employer or a category of employers it indicates to have a system for the registration of all work governed by the Commission or to keep a register for the entry of the name, residence and employment of each of his employees, the time at which the work was begun, interrupted, resumed and finished every day, the nature of the work, the wage paid for it and the mode and time of payment, and any other information deemed useful in the application of this Act or the regulations;

(3.1)  require an employer or every employer of a category of clothing industry employers it indicates who would be covered by a decree referred to in the third paragraph of section 39.0.2 had the decree not expired, to transmit to the Commission, in accordance with the procedure and frequency and during the period it determines, a report containing the particulars required under paragraph 3 it indicates and any other information deemed useful in the application of this Act or the regulations;

Not in force

(4)  determine the nature of the claims that give entitlement to the benefits it may pay to an employee following the bankruptcy of an employer, the conditions of eligibility for such benefits, the amount of such benefits and the terms and conditions of payment of such benefits to the employee;

(5)  (paragraph repealed);

Not in force

(6)  determine the nature of the claims that give entitlement to the payments it is authorized to make under section 112, the conditions of eligibility for these payments, the amount of these payments and the terms and conditions of payment of such amounts to the employee;

(7)  fix the rates, not exceeding 1 %, of the contribution provided for in section 39.0.2.

1979, c. 45, s. 29; 1983, c. 43, s. 9; 1990, c. 73, s. 8; 1994, c. 46, s. 2; 1999, c. 57, s. 1.

29.1. (Repealed).

1990, c. 73, s. 9; 1994, c. 46, s. 3.

29.2. (Repealed).

1990, c. 73, s. 9; 1994, c. 46, s. 3.

30. (Repealed).

1979, c. 45, s. 30; 1986, c. 89, s. 50; 1988, c. 84, s. 700; 1990, c. 73, s. 10; 1992, c. 21, s. 192, s. 375; 1994, c. 46, s. 3.

31. The regulations contemplated in paragraphs 1 and 2 of section 29 shall be transmitted to the Minister and come into force on the approval of the Government.

1979, c. 45, s. 31.

32. The regulations contemplated in paragraphs 3 to 7 of section 29 are transmitted to the Minister and submitted to the approval of the Government.

1979, c. 45, s. 32; 1994, c. 46, s. 4.

33. (Repealed).

1979, c. 45, s. 33; 1997, c. 72, s. 1.

34. (Repealed).

1979, c. 45, s. 34; 1997, c. 72, s. 1.

35. The Government may approve a regulation made under paragraphs 3 to 7 of section 29 with or without amendment.

1979, c. 45, s. 35; 1997, c. 72, s. 2.

36. (Repealed).

1979, c. 45, s. 36; 1997, c. 72, s. 3.

37. (Repealed).

1979, c. 45, s. 37; 1997, c. 72, s. 3.

38. (Repealed).

1979, c. 45, s. 38; 1997, c. 72, s. 3.

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.

CHAPTER III.1 CONTRIBUTIONS

1994, c. 46, s. 6.

DIVISION I INTERPRETATION

1994, c. 46, s. 6.

39.0.1. In this chapter, unless the context indicates otherwise,

“employer subject to contribution” means any person who pays a remuneration subject to contribution, except the following entities:

(1)  metropolitan communities;

(2)  municipalities;

(3)  municipal and intermunicipal transit authorities within the meaning of section 1 of the Act respecting municipal and intermunicipal transit authorities (chapter S-30.1);

(4)  school boards;

(5)  the Conseil scolaire de l’Île de Montréal;

(6)  fabriques;

(7)  corporations of trustees for the erection of churches;

(8)  charitable institutions or bodies whose object is to assist, gratuitously and directly, natural persons in need;

(9)  religious institutions;

(10)  educational institutions;

(11)  day care centres;

(12)  the Commission de la construction du Québec;

(13)  parity committees constituted under the Act respecting collective agreement decrees (chapter D-2);

(14)  the Government and its departments and the bodies and persons whose personnel must, by law, be appointed in accordance with the Public Service Act (chapter F-3.1.1) or the capital stock of which belongs entirely to the Government;

(15)  any body established by an Act of the National Assembly or by a decision of the Government, the Conseil du trésor or a minister and whose operating appropriations are taken out of the consolidated revenue fund, appear in whole or in part in the budgetary estimates tabled before the National Assembly or are wholly financed by way of a transfer from one of the government departments;

(16)  the Lieutenant-Governor, the National Assembly and any person appointed by the National Assembly to an office which is under the jurisdiction of the National Assembly;

“remuneration” means, where the employee is an employee within the meaning of section 1 of the Taxation Act (chapter I-3), the income computed according to the provisions of Chapters I and II of Title II of Book III of Part I of the Taxation Act, except section 43.3 of the said Act and section 58.1 thereof where it refers to amounts required to be included in such computation under sections 979.9 to 979.11 of the said Act, and, where the employee is not such an employee, his wages. The expression also includes amounts paid as indemnity in lieu of notice and upon termination of a contract of employment;

“remuneration subject to contribution” means remuneration paid to an employee except

(1)  remuneration paid to an employee under the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20);

(2)  remuneration paid to a domestic;

(3)  remuneration paid by an employer governed by a decree in respect of remuneration subject to contribution by a parity committee;

(4)  remuneration paid by an institution, a regional council or a foster family respectively referred to in subparagraphs a, f and o of the first paragraph of section 1 of the Act respecting health services and social services for Cree Native persons (chapter S-5), proportionately to the amounts of money they receive under that Act;

(5)  remuneration paid by an institution, a regional board or a family-type resource referred to in the Act respecting health services and social services (chapter S-4.2), proportionately to the amounts of money they receive under that Act;

(6)  50 % of the remuneration earned by an employee with the help of a truck, tractor, loader, skidder or other heavy equipment of the same nature, furnished by the employee and at his own expense;

(7)  the amount by which the total remuneration paid to an employee for the year or the amount determined under paragraph 6 where it applies in respect of the employee exceeds an amount equal to the Maximum Yearly Insurable Earnings determined for the year under section 66 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001);

(8)  remuneration paid to an employee wholly exempt from the application of this Act under section 3.

For the purposes of this chapter, the following rules apply:

(1)  any reference in this chapter to wages, remuneration or remuneration subject to contribution that an employer pays or has paid is a reference to wages, remuneration or remuneration subject to contribution that the employer pays, allocates, grants or awards or has paid, allocated, granted or awarded;

(2)  an employee is deemed to work in Québec when the establishment of the employer where the employee reports for work is situated in Québec or, if the employee is not required to report for work at an establishment of his employer, when the establishment of the employer from which he receives his remuneration is situated in Québec. The word “establishment” includes an establishment within the meaning of Chapter III of Title II of Book I of Part I of the Taxation Act;

(3)  an employee who reports for work at an establishment of his employer,

(a)  in respect of remuneration subject to contribution that is not described in subparagraph b, means an employee who reports for work at that establishment for his regular pay period to which the remuneration subject to contribution relates; and

(b)  in respect of remuneration subject to contribution that is paid as a premium, an increase with retroactive effect or a vacation pay, that is deemed to be paid under section 979.3 of the Taxation Act or that does not relate to a regular pay period of the employee, means an employee who ordinarily reports for work at that establishment;

(4)  where, during a regular pay period of an employee, the employee reports for work at an establishment of his employer situated in Québec and at an establishment of his employer situated outside Québec, the employee is deemed for that period, in respect of remuneration subject to contribution that is not described in subparagraph b of subparagraph 3,

(a)  except where subparagraph b applies, to report for work only at the establishment situated in Québec;

(b)  to report for work only at the establishment situated outside Québec where, during that period, he reports for work mainly at such an establishment of his employer;

(5)  where an employee ordinarily reports for work at an establishment of his employer situated in Québec and at an establishment of his employer situated outside Québec, the employee is deemed, in respect of remuneration subject to contribution described in subparagraph b of subparagraph 3, to ordinarily report for work only at the establishment situated in Québec;

(6)  where an employee is not required to report for work at an establishment of his employer and where his remuneration is not paid from such an establishment situated in Québec, that employee is deemed to report for work at an establishment of his employer situated in Québec for a pay period if, in reference to the place where he mainly reports for work, the place where he mainly performs his duties, the employee’s principal place of residence, the establishment from where the employee is supervised, the nature of the duties performed by the employee or any other similar criterion, it may reasonably be considered that the employee for that pay period is an employee of that establishment;

(7)  where an employee of an establishment, situated elsewhere than in Québec, of an employer supplies a service in Québec to another employer that is not the employer of the employee, or for the benefit of such other employer, an amount that may reasonably be considered to be the remuneration earned by the employee to supply the service is deemed to be remuneration paid by the other employer, in the pay period during which the remuneration is paid to the employee, to an employee of the other employer who reports for work at an establishment of that other employer situated in Québec where

(a)  at the time the service is supplied, the other employer has an establishment situated in Québec;

(b)  the service supplied by the employee

i.  is performed by the employee in the ordinary performance of his duties with his employer,

ii.  is supplied to or for the benefit of the other employer in the course of regular and ongoing activities of an enterprise carried on by that other employer, and

iii.  is in the nature of the services supplied by employees of employers carrying on the same type of enterprise as the enterprise referred to in subparagraph ii; and

(c)  the amount is not otherwise included in remuneration subject to contribution paid by the other employer that is determined for the purposes of this chapter;

(8)  subparagraph 7 does not apply in respect of a pay period of any other employer referred to therein if the Minister of Revenue is of the opinion that a reduction in the contribution payable under this chapter by the employers referred to in that subparagraph 7 is not one of the objectives or anticipated results arising from the making or maintaining in force of

(a)  the agreement pursuant to which the service is supplied by the employee referred to in that subparagraph 7 to or for the benefit of the other employer; or

(b)  any other agreement affecting the amount of remuneration subject to contribution paid by the other employer in the pay period for the purposes of this chapter and where the Minister of Revenue considers the agreement to be related to the agreement for the supply of services referred to in subparagraph a.

1994, c. 46, s. 6; 1995, c. 63, s. 280; 1996, c. 2, s. 744; 1997, c. 85, s. 362; 1999, c. 40, s. 196; 2000, c. 8, s. 242; 2000, c. 56, s. 218; 2002, c. 9, s. 144.

DIVISION II CONTRIBUTIONS AND PAYMENTS

1994, c. 46, s. 6.

39.0.2. Every employer subject to contribution shall, in respect of a calendar year, pay to the Minister of Revenue a contribution equal to the product obtained by multiplying by the rate fixed by regulation made under paragraph 7 of section 29 the remuneration subject to contribution paid by the employer in the year and the remuneration the employer is deemed to pay in respect of the year under the second paragraph of section 979.3 and section 1019.7 of the Taxation Act (chapter I-3) to his employee working in Québec and, except to the extent that it is otherwise referred to in this section, the portion referred to in section 43.2 of that Act of any contribution, together with the related tax, that the employer pays to the administrator of a multi-employer insurance plan, within the meaning of section 43.1 of the said Act in respect of such an employee who receives the remuneration subject to contribution.

Every employer subject to contribution who would be governed by a decree referred to in the third paragraph, had the decree not expired, shall, in respect of a calendar year, pay to the Minister of Revenue a supplementary contribution equal to the product obtained by multiplying, by the rate fixed for that purpose by a regulation under paragraph 7 of section 29, that portion of any amount referred to in the first paragraph on which the employer is required to pay the contribution provided for therein and which, had the decree not expired, would come under paragraph 3 of the definition of “remuneration subject to contribution” in the first paragraph of section 39.0.1.

The decrees referred to in the second paragraph are

(1)  the Decree respecting the men’s and boys’ shirt industry (R.R.Q., 1981, c. D-2, r.11);

(2)  the Decree respecting the women’s clothing industry (R.R.Q., 1981, c. D-2, r.26);

(3)  the Decree respecting the men’s clothing industry (R.R.Q., 1981, c. D-2, r.27);

(4)  the Decree respecting the leather glove industry (R.R.Q., 1981, c. D-2, r.32).

For the purposes of this chapter, the contribution of an employer subject to contribution means the contribution payable under the first paragraph and, where applicable, the contribution payable under the second paragraph.

1994, c. 46, s. 6; 1997, c. 85, s. 363; 1999, c. 57, s. 2.

39.0.3. Payment to the Minister of Revenue of the contribution provided for in section 39.0.2 in respect of a calendar year shall be made on or before the day on which the employer subject to contribution must file the return provided for in Title XXVII of the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r. 1) in respect of the payments required under section 1015 of the Taxation Act (chapter I-3) in relation to the wages paid by him in that year.

The employer shall forward his payment to the Minister of Revenue, together with the prescribed form.

1994, c. 46, s. 6; 1997, c. 14, s. 313.

39.0.4. An employer subject to contribution shall file each year a statement in prescribed form in respect of all remuneration subject to contribution on which he is required to pay a contribution under section 39.0.2. Title XXVII of the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r. 1), with the necessary modifications, applies to the statement.

1994, c. 46, s. 6; 1995, c. 63, s. 282.

DIVISION III MISCELLANEOUS PROVISIONS

1994, c. 46, s. 6.

39.0.5. The Minister of Revenue shall remit, each year, to the Commission the sums he is required to collect as contribution under section 39.0.2, after deduction of the refunds and collection expenses agreed upon.

1994, c. 46, s. 6.

39.0.6. This chapter constitutes a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

The provisions applicable under this section take precedence over the provisions of sections 115 and 144 of this Act.

1994, c. 46, s. 6.

CHAPTER IV LABOUR STANDARDS

DIVISION I WAGES

39.1. Unless specific reference to such an employee is made in a government regulation, this division does not apply to an employee hired to work on a farm operated

(1)  by a natural person, alone or with his spouse or a descendant or ascendant of either, with the habitual assistance of not more than three employees;

(2)  by a legal person as its principal activity, with the habitual assistance of not more than three employees in addition to the three principal shareholders of the legal person if they work there;

(3)  by a partnership or by natural persons acting as co-owners, with the habitual assistance of not more than three employees.

1990, c. 73, s. 12; 1999, c. 40, s. 196; 2002, c. 6, s. 236.

40. The minimum wage payable to an employee shall be determined by regulation of the Government.

1979, c. 45, s. 40.

40.1. Section 40 does not apply to an apprentice who participates in an apprenticeship scheme established under the Act to foster the development of manpower training (chapter D-7.1).

The minimum wage payable to such an employee is the wage determined in his respect pursuant to a regulation under that Act.

1997, c. 20, s. 15.

41. No benefit having pecuniary value may be taken into account in computing the minimum wage.

1979, c. 45, s. 41.

41.1. No employer may remunerate an employee at a lower rate of wage than that granted to other employees performing the same tasks in the same establishment for the sole reason that the employee usually works less hours each week.

The first paragraph does not apply to an employee remunerated at a rate of pay which is more than twice the rate of the minimum wage.

1990, c. 73, s. 13.

42. Wages must be paid in cash in a sealed envelope or by cheque. The payment may be made by bank transfer if so provided in a written agreement or a decree.

An employee is deemed not to have received payment of the wages due to him if the cheque delivered to him is not cashable within the two working days following its issue.

1979, c. 45, s. 42; 1980, c. 5, s. 2.

43. Wages must be paid at regular intervals of not over sixteen days, or one month in the case of managerial personnel or of workers contemplated in subparagraphs i, ii, and iii of paragraph 10 of section 1. However, any amount in excess of the regular wages, such as a bonus or premium for overtime, earned during the week preceding payment of the wages may be paid with the subsequent regular payment or, where that is the case, at the time prescribed by a particular provision of a collective agreement or decree.

Notwithstanding the first paragraph, an employer may pay an employee within one month following the commencement of his employment.

1979, c. 45, s. 43; 1990, c. 73, s. 14, s. 66.

44. The wages of an employee must be paid directly to him, at his place of employment and on a working day, except where the payment is made by bank transfer or is sent by mail.

The wages of an employee may also, at his written request, be remitted to a third person.

1979, c. 45, s. 44.

45. If the usual day of payment of wages falls on a general statutory holiday, the wages are paid to the employee on the working day preceding that day.

1979, c. 45, s. 45.

46. The employer must remit to the employee, together with his wages, a pay sheet containing sufficient information to enable the employee to verify the computation of his wages. That pay sheet must include, in particular, the following information, where applicable:

(1)  the name of the employer;

(2)  the name of the employee;

(3)  the identification of the employee’s occupation;

(4)  the date of the payment and the work period corresponding to the payment;

(5)  the number of hours paid at the prevailing rate;

(6)  the number of hours of overtime paid or replaced by a leave with the applicable premium;

(7)  the nature and amount of the bonuses, indemnities, allowances or commissions that are being paid;

(8)  the wage rate;

(9)  the amount of wages before deductions;

(10)  the nature and amount of the deductions effected;

(11)  the amount of the net wages paid to the employee;

(12)  the amount of the tips reported by the employee pursuant to section 1019.4 of the Taxation Act (chapter I-3);

(13)  the amount of the tips he has attributed to the employee under section 42.11 of the Taxation Act.

The Government, by regulation, may require any other particular it deems pertinent. It may also exempt a category of employers from the application of any of the above particulars.

1979, c. 45, s. 46; 1983, c. 43, s. 10; 1990, c. 73, s. 15; 1997, c. 85, s. 364.

47. No signing formality other than that establishing that the sum remitted to the employee corresponds to the amount of net wages indicated on the pay sheet may be required upon payment of the wages.

1979, c. 45, s. 47.

48. Acceptance of a pay sheet by an employee does not entail his renunciation of the payment of all or part of the wages that are due to him.

1979, c. 45, s. 48.

49. No employer may make deductions from wages unless he is required to do so pursuant to an Act, a regulation, a court order, a collective agreement, an order or decree or a mandatory supplemental pension plan, or unless he is authorized to do so in writing by the employee.

The employee may at any time revoke that authorization, except where it pertains to membership in a group insurance plan, or a supplemental pension plan. The employer shall remit the sums so withheld to their intended receiver.

1979, c. 45, s. 49; 1989, c. 38, s. 274.

50. Any gratuity paid directly or indirectly by a patron to an employee belongs to him of right and does not form part of the wages that are otherwise due to him.

Any gratuity collected by the employer shall be remitted to the employee. The word “gratuity” includes the service charge added to the patron’s bill.

However, an indemnity provided for in any of sections 58, 62, 74, 76, 80, 81, 81.1 and 83 is computed, in the case of an employee who is an employee referred to in section 42.11 or 1019.4 of the Taxation Act (chapter I-3), on the basis of the wages increased by the tips attributed under that section 42.11 or reported under that section 1019.4.

1979, c. 45, s. 50; 1983, c. 43, s. 11; 1997, c. 85, s. 365.

50.1. No employer may require an employee to pay credit card costs over and above the proportion of such costs that is attributable to tips.

1997, c. 85, s. 366.

50.2. No employer may refuse to receive a written report made pursuant to section 1019.4 of the Taxation Act (chapter I-3).

1997, c. 85, s. 366.

51. The maximum amount that an employer may require for room and board from one of his employees is that which is fixed by regulation of the Government.

1979, c. 45, s. 51.

51.0.1. Notwithstanding section 51, an employer may not require an amount for room and board from a domestic who is housed or takes meals in the employer’s residence.

1997, c. 72, s. 4.

51.1. No employer may, directly or indirectly, be reimbursed by an employee for the contribution provided for in Chapter III.1.

1994, c. 46, s. 7.

DIVISION II HOURS OF WORK

52. For the purposes of computing overtime, the regular workweek is 44 hours except in the cases where it is fixed by regulation of the Government.

The regular workweek shall be gradually reduced to 40 hours by means of a one-hour reduction as of 1 October every year from the year 1997 to the year 2000.

1979, c. 45, s. 52; 1997, c. 45, s. 1.

53. An employer may, with the authorization of the Commission, stagger the working-hours of his employees on a basis other than a weekly basis, provided that the average of the working-hours is equivalent to the norm provided in the Act or the regulations.

A collective agreement or a decree may provide, on the same conditions, without the authorization provided for under the first paragraph being necessary, for the staggering of working hours on a basis other than a weekly basis.

1979, c. 45, s. 53.

54. The number of hours of the regular workweek determined in section 52 does not apply to the following employees:

(1)  (paragraph repealed);

(2)  a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization;

(3)  the managerial personnel of an undertaking;

(4)  an employee who works outside an establishment whose working-hours cannot be controlled;

(5)  an employee assigned to harvesting, canning, packaging and freezing fruit and vegetables during the harvesting period;

(6)  an employee of a fishing, fish processing or fish canning industry;

(7)  a farm worker;

(8)  an employee hired to work on a farm operated

(a)  by a natural person, alone or with his spouse or a descendant or ascendant of either, with the habitual assistance of not more than three employees;

(b)  by a legal person as its principal activity, with the habitual assistance of not more than three employees in addition to the three principal shareholders of the legal person if they work there;

(c)  by a partnership or by natural persons acting as co-owners, with the habitual assistance of not more than three employees.

However, the Government may, by regulation, prescribe the number of hours it determines as the regular workweek for the categories of employees mentioned in subparagraphs 2 and 5 to 8 of the first paragraph.

1979, c. 45, s. 54; 1986, c. 95, s. 202; 1990, c. 73, s. 16, s. 66; 1999, c. 40, s. 196; 2002, c. 6, s. 236.

55. Any work performed in addition to the regular work-week entails a premium of 50% of the prevailing hourly wage paid to the employee except premiums computed on an hourly basis.

Notwithstanding the first paragraph, the employer may, at the request of the employee or in the cases provided for by a collective agreement or decree, replace the payment of overtime by paid leave equivalent to the overtime worked plus 50%.

Subject to a provision of a collective agreement or decree, the leave must be taken during the 12 months following the overtime at a date agreed between the employer and the employee; otherwise the overtime must be paid. However, where the contract of employment is terminated before the employee is able to benefit from the leave, the overtime must be paid at the same time as the last payment of wages.

1979, c. 45, s. 55; 1990, c. 73, s. 17.

56. For the purposes of computing overtime, annual leave and statutory general holidays with pay are counted as days of work.

1979, c. 45, s. 56.

57. An employee who is at his place of employment and is required to wait for work to be assigned to him is deemed to be working.

1979, c. 45, s. 57.

58. An employee who reports for work at his place of employment at the express demand of his employer or in the regular course of his employment and who works fewer than three consecutive hours, except in the case of superior force, is entitled, to an indemnity equal to three hours’ wages at the prevailing hourly rate except where the application of section 55 entitles him to a greater amount.

This provision does not apply in the case where the nature of the work or the conditions of its execution require the employee to be present several times in the same day, for less than three hours each time, such as that of a school crossing guard or a bus driver.

Neither does it apply where the nature of the work or the conditions of execution are such that it is ordinarily completed within a three hour period, such as the work of a school-crossing guard or usher.

1979, c. 45, s. 58.

59. An employee is deemed to be at work during the coffee break.

1979, c. 45, s. 59.

DIVISION III STATUTORY GENERAL HOLIDAYS AND NON-WORKING DAYS WITH PAY

59.1. This division does not apply to an employee who, under a collective agreement or decree, is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number of days to which employees to whom this division applies are entitled, nor to an employee in the same establishment who is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number stated in the collective agreement or decree.

1990, c. 73, s. 18.

60. The following days are statutory general holidays:

(1)  1 January;

(2)  Good Friday or Easter Monday, at the option of the employer, or Easter Sunday for employees working in a commercial establishment that is ordinarily open on Sundays but to which the public cannot be admitted on Easter Sunday pursuant to paragraph 3 of section 3 of the Act respecting hours and days of admission to commercial establishments (chapter H-2.1);

(3)  the Monday preceding 25 May;

(4)  1 July, or 2 July where the 1st falls on a Sunday;

(5)  the first Monday in September;

(6)  the second Monday in October;

(7)  25 December.

1979, c. 45, s. 60; 1980, c. 5, s. 3; 1990, c. 73, s. 18; 1992, c. 26, s. 10; 1995, c. 16, s. 1.

61. (Repealed).

1979, c. 45, s. 61; 1990, c. 73, s. 19.

62. When a holiday coincides with a working day for an employee, the employer must pay him an indemnity equal to the average of his daily wages for the days worked during the complete period of pay preceding that holiday, excluding overtime.

Notwithstanding the first paragraph, the indemnity paid to an employee remunerated mainly by commission must be equal to the average of his daily wages established from all the complete periods of pay in the three months preceding the holiday.

1979, c. 45, s. 62; 1990, c. 73, s. 20.

63. If an employee must work on one of the days indicated in section 60, the employer, in addition to paying to the employee working on that general holiday the wages for the work done, must pay to such employee the indemnity provided for in section 62, or grant him a compensatory holiday of one day. In this case, the holiday must be taken within three weeks before or after that day, unless a collective agreement or a decree provides for a longer period.

1979, c. 45, s. 63; 1981, c. 23, s. 55.

64. If an employee is on annual leave on one of the holidays contemplated in section 60, the employer shall pay him the indemnity provided for in section 62 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee or fixed by a collective agreement or a decree.

1979, c. 45, s. 64.

65. To benefit by a statutory general holiday contemplated in section 60, the employee must be credited with 60 days of uninterrupted service in the undertaking and not be absent from work without the employer’s authorization or without valid cause on the day preceding or on the day following that holiday.

The first paragraph does not confer any benefit on an employee who would not have been entitled to remuneration on a day listed in section 60, except so far as section 64 applies.

1979, c. 45, s. 65; 1990, c. 73, s. 21.

DIVISION IV ANNUAL LEAVE WITH PAY

66. The reference year is a period of twelve consecutive months during which an employee progressively acquires entitlement to an annual leave.

That period extends from 1 May of the preceding year to 30 April of the current year unless an agreement or decree fixes a different starting date for that period.

1979, c. 45, s. 66.

67. An employee who, at the end of a reference year, is credited with less than one year of uninterrupted service with the same employer during that period, is entitled to an uninterrupted leave for a duration determined at the rate of one working day for each month of uninterrupted service, for a total leave not exceeding two weeks.

1979, c. 45, s. 67.

68. An employee who, at the end of a reference year, is credited with one year of uninterrupted service with the same employer during that period is entitled to an annual leave of a minimum duration of two consecutive weeks.

1979, c. 45, s. 68; 1990, c. 73, s. 22.

68.1. An employee to whom section 68 applies is also entitled, if he applies therefor, to an additional annual leave without pay equal to the number of days required to increase his annual leave to three weeks.

Such additional leave need not follow immediately a leave under section 68 and, notwithstanding sections 71 and 73, it may not be divided, or be replaced by a compensatory indemnity.

1997, c. 10, s. 1.

69. An employee who, at the end of a reference year, is credited with five years of uninterrupted service with the same employer, is entitled to an annual leave for a minimum duration of three consecutive weeks.

1979, c. 45, s. 69; 1990, c. 73, s. 23.

70. The annual leave must be taken within twelve months following the end of the reference year, except where a collective agreement or a decree allows it to be deferred until the following year.

Notwithstanding any contrary clause of a collective agreement, decree or contract, any period of salary insurance, sickness insurance or disability insurance interrupted by a leave taken in accordance with the first paragraph is continued, where applicable, after the leave, as if it had never been interrupted.

1979, c. 45, s. 70; 1980, c. 5, s. 4.

71. The annual leave may be divided into two periods where so requested by the employee. However, the employer may refuse the request if he closes his establishment for a period equal to or greater than that of the employee’s annual leave.

Notwithstanding section 69, any employer who, before 29 March 1995, closed his establishment for the period of annual leave, may divide the annual leave of an employee referred to in that section into two periods, one being the closing period. One of those periods must, however, last for a minimum of two consecutive weeks.

The annual leave may also be divided into more than two periods where so requested by the employee, provided the employer consents thereto.

A leave not exceeding one week shall not be divided.

1979, c. 45, s. 71; 1982, c. 58, s. 57; 1990, c. 73, s. 24; 1995, c. 16, s. 2.

71.1. Notwithstanding sections 68, 69 and 71, a collective agreement or a decree may include a clause providing for, or prohibiting, the division of an annual leave into two or more periods.

1995, c. 16, s. 3.

72. An employee is entitled to know the date of his annual leave at least four weeks in advance.

1979, c. 45, s. 72.

73. Employers are prohibited from replacing a leave contemplated in section 67, 68 or 69 by a compensatory indemnity, unless a special provision is contained in a collective agreement or decree.

At the request of the employee, the third week of leave may, however, be replaced by a compensatory indemnity if the establishment closes for two weeks on the occasion of the annual leave.

1979, c. 45, s. 73; 1982, c. 58, s. 58.

74. The indemnity relating to the annual leave of the employee contemplated in sections 67 and 68 is equal to 4% of the gross wages of the employee during the reference year. In the case of the employee contemplated in section 69, the indemnity is equal to 6% of the gross wages of the employee during the reference year.

Should an employee be absent owing to sickness or accident or on maternity leave during the reference year and should that absence result in the reduction of that employee’s annual leave indemnity, the employee is then entitled to an indemnity equal, as the case may be, to twice or three times the weekly average of the wage earned during the period of work. An employee contemplated in section 67 whose annual leave is less than two weeks is entitled to that amount in proportion to the days of leave credited to his account.

The Government may, by regulation, determine a higher indemnity than that provided for in this section for an employee on maternity leave.

Notwithstanding the second and third paragraphs, the annual leave indemnity shall not exceed the indemnity to which the employee would have been entitled if he had not been absent or on leave owing to a reason mentioned in the second paragraph.

1979, c. 45, s. 74; 1980, c. 5, s. 5; 1983, c. 22, s. 103; 1990, c. 73, s. 25, s. 71.

74.1. No employer may reduce the annual leave of an employee referred to in section 41.1, or change the way in which the indemnity pertaining to it is computed, in comparison with what is granted to other employees performing the same tasks in the same establishment, for the sole reason that the employee usually works less hours each week.

1990, c. 73, s. 26.

75. Subject to a provision of a collective agreement or decree, the indemnity pertaining to the annual leave of an employee must be paid to him in a lump sum before the beginning of the leave.

1979, c. 45, s. 75; 1990, c. 73, s. 27.

76. If a contract of employment is cancelled before the employee is able to benefit by all the days of leave to which he is entitled, the employee shall receive, in addition to the compensatory indemnity determined in accordance with section 74 and attaching to the fraction of the leave that he did not enjoy, an indemnity equal to 4% or 6%, as the case may be, of the gross wages earned during the current reference year.

1979, c. 45, s. 76.

77. Sections 66 to 76 do not apply to the following persons:

(1)  (paragraph repealed);

(2)  a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization;

(3)  a real estate agent within the meaning of the Real Estate Brokerage Act (chapter C-73.1), remunerated entirely by commission;

(4)  a representative of a dealer or adviser within the meaning of section 149 of the Securities Act (chapter V-1.1), entirely remunerated by commission;

(5)  a representative within the meaning of the Act respecting the distribution of financial products and services (chapter D-9.2) remunerated entirely by commission;

(6)  a supernumerary employee during the harvesting period;

(7)  a trainee within the framework of a vocational training programme recognized by law.

However, the Government may, by regulation, render all or some of the provisions of sections 66 to 76 applicable to the employees described in subparagraphs 2 and 6 of the first paragraph.

1979, c. 45, s. 77; 1980, c. 5, s. 6; 1982, c. 58, s. 59; 1986, c. 95, s. 203; 1990, c. 73, s. 28; 1989, c. 48, s. 251; 1991, c. 37, s. 173; 1998, c. 37, s. 529.

DIVISION V REST PERIODS

1990, c. 73, s. 29.

78. Subject to the application of paragraph 12 of section 39 or of section 53, an employee is entitled to a weekly minimum rest period of twenty-four consecutive hours.

In the case of a farm worker, that day of rest may be postponed to the following week.

1979, c. 45, s. 78.

79. Unless otherwise provided in a collective agreement or a decree, the employer must grant to an employee a rest period of thirty minutes, without pay, for meals, for a period of five consecutive hours of work.

That period shall be remunerated if the employee is not authorized to leave his work station.

1979, c. 45, s. 79.

DIVISION V.1 LEAVE FOR FAMILY EVENTS

1990, c. 73, s. 30.

80. An employee may be absent from work for one day without reduction of wages by reason of the death or the funeral of his spouse, his child or the child of his spouse, or of his father, mother, brother or sister. He may also be absent from work, without pay, for three more days on such occasion.

1979, c. 45, s. 80; 1990, c. 73, s. 31; 2002, c. 6, s. 236.

80.1. An employee may be absent from work for one day, without pay, by reason of the death or the funeral of a son-in-law, daughter-in-law, one of his grandparents or grandchildren, or of the father, mother, brother or sister of his spouse.

1990, c. 73, s. 32; 2002, c. 6, s. 236.

80.2. In the circumstances referred to in section 80 or 80.1, the employee must advise his employer of his absence as soon as possible.

1990, c. 73, s. 32.

81. An employee may be absent from work for one day without reduction of wages, on the day of his or her wedding or civil union.

An employee may also be absent from work, without pay, on the day of the wedding or civil union of his or her child, father, mother, brother or sister or of a child of his or her spouse.

The employee must advise his or her employer of his or her absence not less than one week in advance.

1979, c. 45, s. 81; 1990, c. 73, s. 33; 2002, c. 6, s. 145.

81.1. An employee may be absent from work for five days at the birth of his child or the adoption of a child. The first two days of absence shall be remunerated if the employee is credited with 60 days of uninterrupted service.

This leave may be divided into days at the request of the employee. It may not be taken more than 15 days after the child arrives at the residence of its father or mother.

The employee must advise his employer of his absence as soon as possible.

However, an employee who adopts the child of his spouse may be absent from work for only two days, without pay.

1990, c. 73, s. 34; 2002, c. 6, s. 236.

81.2. An employee may be absent for five days per year, without pay, to fulfil obligations relating to the care, health or education of his minor child, in cases where his presence is required due to unforeseeable circumstances or circumstances beyond his control. He must have taken all reasonable steps within his power to assume these obligations otherwise and to limit the duration of the leave.

The leave may be divided into days. A day may also be divided if the employer consents thereto.

The employee must advise his employer of his absence as soon as possible.

1990, c. 73, s. 34.

81.3. An employee may be absent from work without pay for a medical examination related to her pregnancy or for an examination related to her pregnancy carried out by a midwife.

She shall advise her employer as soon as possible of the time at which she will be absent.

1990, c. 73, s. 34; 1999, c. 24, s. 21.

81.4. A pregnant employee is entitled to a maternity leave without pay of not more than 18 consecutive weeks.

1990, c. 73, s. 34.

81.5. The maternity leave may not begin before the beginning of the sixteenth week preceding the expected date of delivery.

1990, c. 73, s. 34.

81.6. The maternity leave may be taken after giving written notice of not less than three weeks to the employer, stating the date on which the leave will begin and the date on which the employee will return to work. The notice must be accompanied with a medical certificate attesting to the pregnancy and the expected date of delivery. Where applicable, the medical certificate may be replaced by a written report signed by a midwife.

The notice may be of less than three weeks if the medical certificate attests that the employee needs to stop working within a shorter time.

1990, c. 73, s. 34; 1999, c. 24, s. 22.

81.7. Notwithstanding sections 81.4 to 81.6, the Government may, by regulation, determine the duration of the maternity leave or, where applicable, any extension thereof, the time at which it may be taken, the notices that must be given and the other conditions applicable

(1)  where the delivery takes place after the expected date;

(2)  where there is a risk of miscarriage or a risk to the health of the mother or the unborn child;

(3)  in the case of a miscarriage or stillbirth;

(4)  where the state of health of the mother does not allow her to return to work at the end of the maternity leave.

1990, c. 73, s. 34.

81.8. From the sixth week preceding the expected date of delivery, the employer may, in writing, require a pregnant employee who is still at work to produce a medical certificate attesting that she is fit to work.

If the employee refuses or neglects to produce the certificate within eight days, the employer may oblige her to take her maternity leave immediately by sending her a written notice to that effect giving reasons.

1990, c. 73, s. 34.

81.9. The employer may require a medical certificate from an employee who returns to work within the two weeks following delivery, attesting to the fact that she is fit to work.

1990, c. 73, s. 34.

81.10. The father and the mother of a newborn child, and a person who adopts a child who has not reached the age of compulsory school attendance, are entitled to parental leave without pay of not more than 52 consecutive weeks.

This section does not apply to an employee who adopts the child of his spouse.

1990, c. 73, s. 34; 1997, c. 10, s. 2; 2002, c. 6, s. 236.

81.11. Parental leave may not begin before the day the child is born or, in the case of adoption, the day the child is entrusted to the employee within the framework of an adoption procedure or the day the employee leaves his work to go to a place outside Québec in order that the child be entrusted to him. It shall end not later than 70 weeks after the birth or, in the case of adoption, 70 weeks after the child was entrusted to the employee.

1990, c. 73, s. 34; 1997, c. 10, s. 3.

81.12. Parental leave may be taken after giving notice of not less than three weeks to the employer, stating the date on which the leave will begin and the date on which the employee will return to work, except in the cases and on the conditions provided for by government regulation.

1990, c. 73, s. 34.

81.13. An employee may return to work before the date stated in the notice given pursuant to section 81.6 or 81.12 or pursuant to a regulation made under section 81.7, provided he has given the employer written notice of not less than three weeks of the new date on which he will return to work.

1990, c. 73, s. 34.

81.14. Subject to a regulation made under section 81.7, an employee who does not report to work on the date stated in the notice given to the employer is presumed to have resigned.

1990, c. 73, s. 34.

81.15. At the end of a parental leave not exceeding 12 weeks or a maternity leave, the employer shall reinstate the employee in his former position with the same benefits, including the wage to which he would have been entitled had he remained at work.

At the end of a parental leave exceeding 12 weeks, the employer may, instead of reinstating the employee in his former position, assign him to comparable employment in the same establishment with a wage equal to or higher than that to which he would have been entitled had he remained at work, and with an equivalent pension and insurance plan, where applicable.

If the position held by the employee no longer exists when he returns to work, the employer shall recognize all the rights and privileges to which the employee would have been entitled if he had been at work at the time his position ceased to exist.

1990, c. 73, s. 34.

81.16. The Government shall, by regulation, determine the benefits to which an employee may be entitled during maternity leave or parental leave, in particular in respect of seniority, the length of his annual leave, the indemnity pertaining to the annual leave, and his participation in the social benefits recognized at his place of work.

1990, c. 73, s. 34.

81.17. Sections 81.4 to 81.16 shall not grant to an employee any benefit to which he would not have been entitled if he had remained at work.

1990, c. 73, s. 34.

DIVISION VI NOTICE OF TERMINATION OF EMPLOYMENT OR LAYOFF, AND WORK CERTIFICATE

1990, c. 73, s. 35.

82. The employer must give written notice to an employee before terminating his contract of employment or laying him off for six months or more.

The notice shall be of one week if the employee is credited with less than one year of uninterrupted service, two weeks if he is credited with one year to five years of uninterrupted service, four weeks if he is credited with five years to ten years of uninterrupted service and eight weeks if he is credited with ten years or more of uninterrupted service.

A notice of termination of employment given to an employee during the period when he is laid off is absolutely null, except in the case of employment that usually lasts for not more than six months each year due to the influence of the seasons.

This section does not deprive an employee of a right granted to him under another Act.

1979, c. 45, s. 82; 1980, c. 5, s. 7; 1990, c. 73, s. 36; 1999, c. 40, s. 196.

82.1. Section 82 does not apply to an employee

(1)  who has less than three months of uninterrupted service;

(2)  whose contract for a fixed term or for a specific undertaking expires;

(3)  who has committed a serious fault;

(4)  for whom the end of the contract of employment or the layoff is a result of superior force.

1990, c. 73, s. 36.

83. An employer who does not give the notice prescribed by section 82, or who gives insufficient notice, must pay the employee a compensatory indemnity equal to his regular wage excluding overtime for a period equal to the period or remaining period of notice to which he was entitled.

The indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than six months, or at the end of a period of six months after a layoff of indeterminate length, or a layoff expected to last less than six months but which exceeds that period.

The indemnity to be paid to an employee remunerated mainly by commission is established from the average of his weekly wage, calculated from the complete periods of pay in the three months preceding the termination of his employment or his layoff.

1979, c. 45, s. 83; 1990, c. 73, s. 36.

83.1. In the case of an employee who, under a collective agreement, is entitled to recall privileges for more than six months, the employer is bound to pay the compensatory indemnity only from the first of the following dates:

(1)  the expiry of the recall privileges of the employee;

(2)  one year after layoff.

An employee referred to in the first paragraph shall not be entitled to the compensatory indemnity

(1)  if he is recalled before the date on which his employer is bound to pay the indemnity and if subsequently he works for a period equal to or longer than that of the notice prescribed by section 82;

(2)  if he is not recalled owing to superior force.

1990, c. 73, s. 36.

83.2. The Government may, by regulation, determine standards which vary from those provided for in sections 82 to 83.1 in respect of employees governed by the Public Service Act (chapter F-3.1.1) who, without being permanent employees, are entitled to recall privileges by virtue of their conditions of employment.

1990, c. 73, s. 36.

84. At the expiry of the contract of employment, an employee may require his employer to issue to him a work certificate in which the following information, and only the following information, is set forth: the nature and the duration of his employment, the dates on which his employment began and terminated, and the name and address of the employer. The certificate shall not carry any mention of the quality of the work or the conduct of the employee.

1979, c. 45, s. 84.

DIVISION VI.1 RETIREMENT

1982, c. 12, s. 2.

84.1. An employee is entitled to continue to work notwithstanding the fact that he has reached or passed the age or number of years of service at which he should retire pursuant to a general law or special Act applicable to him, pursuant to the retirement plan to which he contributes, pursuant to the collective agreement, the arbitration award in lieu thereof or the decree governing him, or pursuant to the common practice of his employer.

However, and subject to section 122.1, such right does not prevent an employer or his agent from dismissing, suspending or transferring such an employee for good and sufficient cause.

1982, c. 12, s. 2.

DIVISION VI.2 WORK PERFORMED BY CHILDREN

1997, c. 72, s. 5; 1999, c. 52, s. 11.

84.2. No employer may have work performed by a child that is disproportionate to the child’s capacity, or that is likely to be detrimental to the child’s education, health or physical or moral development.

1997, c. 72, s. 5; 1999, c. 52, s. 11.

84.3. No employer may have work performed by a child under the age of 14 years without first obtaining the written consent of the holder of parental authority or the tutor.

The employer must preserve the written consent as if it were an entry required to be made in the registration system or register referred to in paragraph 3 of section 29.

1997, c. 72, s. 5; 1999, c. 52, s. 11.

84.4. No employer may have work performed during school hours by a child subject to compulsory school attendance.

1999, c. 52, s. 11.

84.5. An employer who has work performed by a child subject to compulsory school attendance must ensure that the child’s work is scheduled so that the child is able to attend school during school hours.

1999, c. 52, s. 11.

84.6. No employer may have work performed by a child between 11 p.m. on any given day and 6 a.m. on the following day, except in the case of a child no longer subject to compulsory school attendance, in the case of newspaper deliveries, or in any other case determined by regulation of the Government.

1999, c. 52, s. 11.

84.7. An employer who has work performed by a child must schedule the work so that, having regard to the location of the child’s family residence, the child may be at the family residence between 11 p.m. on any given day and 6 a.m. on the following day, except in the case of a child no longer subject to compulsory school attendance or in the cases, circumstances or periods or under the conditions determined by regulation of the Government.

1999, c. 52, s. 11.

DIVISION VII MISCELLANEOUS OTHER LABOUR STANDARDS

1999, c. 85, s. 1.

85. Where an employer requires the wearing of a uniform, he must supply it free of charge to an employee who is paid the minimum wage.

The employer cannot require an amount of money from an employee for the purchase, use or upkeep of a uniform if this payment causes the employee to receive less than the minimum wage.

1979, c. 45, s. 85; 1990, c. 73, s. 37.

86. The labour standards relating to various premiums, indemnities and allowances and to tools, showers, cloakrooms and rest areas are the standards established by regulation of the Government.

1979, c. 45, s. 86.

87. At the request of the Commission, the employer shall distribute to the employee any informational document on labour standards furnished by the Commission.

The Commission may also oblige the employer to display any such document in a place it considers appropriate.

1979, c. 45, s. 87; 1990, c. 73, s. 38.

DIVISION VII.1 DIFFERENCES IN TREATMENT

1999, c. 85, s. 2.

87.1. No agreement or decree may, with respect to a matter covered by a labour standard that is prescribed by Divisions I to VI and VII of this chapter and is applicable to an employee, operate to apply to the employee, solely on the basis of the employee’s hiring date, a condition of employment less advantageous than that which is applicable to other employees performing the same tasks in the same establishment.

The same applies in respect of a matter corresponding to any of the matters referred to in the first paragraph where a labour standard pertaining to that matter has been fixed by regulation.

1999, c. 85, s. 2.

87.2. A condition of employment based on seniority or years of service does not contravene section 87.1.

1999, c. 85, s. 2.

87.3. The conditions of employment applied to an employee pursuant to a special arrangement for the handicapped and the conditions of employment applied temporarily to an employee following a reclassification or demotion, an amalgamation of enterprises or an internal reorganization in an enterprise shall be disregarded for the purposes of section 87.1.

The wages and wage rules temporarily applied to an employee to prevent the employee from being disadvantaged owing to the employee’s integration into a new wage rate, a wage scale whose range has been modified or a new wage scale shall also be disregarded, provided that

(1)  the wage rate or wage scale is established to be applicable, subject to the situations referred to in the first paragraph, to all employees performing the same tasks in the same establishment; and

(2)  the difference between the wage applied to the employee and the rate or scale established to be applicable to all such employees is progressively eliminated within a reasonable period of time.

1999, c. 85, s. 2.

DIVISION VIII REGULATIONS

88. The Government may make regulations exempting such category or categories of employees as it may designate from the whole or a part of the application of Division I of Chapter IV, for such time and on such conditions as it may fix, namely, managerial personnel, employees on commission, farm workers, employees engaged in logging operations, saw mills and public works, caretakers, employees who habitually receive gratuities, employees contemplated by subparagraphs i, ii and iii of paragraph 10 of section 1, students employed in a vacation camp or in a social or community non-profit organization, such as a recreational organization, domestics, and trainees under a programme of vocational training or induction recognized by law.

In force: 1991-04-01

The Government may, by regulation, render all or some of the provisions of Division I of Chapter IV applicable to the categories of employees referred to in section 39.1.

The Government may also, as the case may be, fix standards different from those provided in Division I of Chapter IV for the employees contemplated in the first and second paragraphs.

1979, c. 45, s. 88; 1990, c. 73, s. 39, s. 66.

89. The Government, by regulation, may fix labour standards respecting the following matters:

(1)  the minimum wage, which may be established on a time basis, a production basis or any other basis;

(2)  pay sheets;

(3)  the maximum amount that may be required of an employee for bed and board;

(4)  the standard workweek of employees, particularly that of

(a)  domestics;

(b)  various classes of caretakers;

(c)  employees engaged in the retail food trade;

(d)  employees engaged in logging operations;

(e)  employees working in saw mills;

(f)  employees working at public works;

(g)  employees working in an isolated area that is inaccessible by motor road and not connected up to the road network of Québec by any regular transport system;

(h)  various categories of workers carrying out work in the James Bay territory under the authority of Hydro-Québec, the Société d’énergie de la Baie James or the Société de développement de la Baie James;

In force: 1991-04-01

(i)  the categories of employees listed in subparagraphs 2 and 5 to 8 of the first paragraph of section 54;

(5)  (paragraph repealed);

(6)  the duration of the maternity leave or, where applicable, any extension thereof, the time at which it may be taken, the notices that must be given and the other conditions applicable in the circumstances described in section 81.7, together with the benefits an employee may receive during a maternity leave or parental leave;

(7)  various premiums, indemnities and allowances;

(8)  tools, showers, cloakrooms and rest areas.

1979, c. 45, s. 89; 1980, c. 11, s. 127; 1981, c. 23, s. 56; 1990, c. 73, s. 40.

89.1. The Government may, by regulation, determine cases in which a prohibition under section 84.6 is not applicable.

It may also, in the same manner, determine cases, circumstances, periods or conditions in or under which the obligation imposed by section 84.7 is not applicable.

1997, c. 72, s. 6; 1999, c. 52, s. 12.

90. The Government may, by regulation, wholly or partly exempt certain institutions or categories of institutions for physical, mental or social re-education from this Act and the regulations and, as the case may be, fix labour standards applicable to the persons working in them.

The Government may also, by regulation, render all or some of the provisions of this Act and the regulations applicable to the employees or a category of employees referred to in paragraph 2 of section 3 and, where that is the case, determine the labour standards which apply to them.

1979, c. 45, s. 90; 1990, c. 73, s. 41; 1992, c. 21, s. 375.

90.1. The Government may, by regulation, exempt certain categories of employees or employers from the application of Division VI.1 and section 122.1.

A regulation made under the first paragraph may be made to have effect on a date not over six months prior to the date on which it is made.

1982, c. 12, s. 3.

91. The standards contemplated in sections 88 to 90 may vary according to the field of activity and the type of work.

They may also vary according to whether or not an employee resides with his employer.

1979, c. 45, s. 91; 1980, c. 5, s. 8; 1981, c. 23, s. 57; 1990, c. 73, s. 42.

92. (Repealed).

1979, c. 45, s. 92; 1997, c. 72, s. 7.

DIVISION VIII.1 LABOUR STANDARDS IN THE CLOTHING INDUSTRY

1999, c. 57, s. 3.

92.1. After consulting with the most representative employees’ and employers’ associations in the clothing industry, the Government may, by regulation, in respect of all employers and employees in the clothing industry that would be covered by a decree referred to in the third paragraph of section 39.0.2 had the decree not expired, fix labour standards respecting the following matters:

(1)  the minimum wage, which may be established on a time basis, a production basis or any other basis;

(2)  the standard workweek;

(3)  paid statutory general holidays and the indemnity relating to such holidays, which may be established on a production basis or any other basis;

(4)  the duration of an employee’s annual leave, established according to the employee’s uninterrupted service with the same employer, and the division of and indemnity relating to the leave;

(5)  the duration of the meal period, with or without pay;

(6)  the number of days during which an employee may be absent, with or without pay, for family events referred to in sections 80 and 80.1.

The regulation may also include any provision similar to the provisions appearing in Divisions I to V.1 of Chapter IV in respect of any matter covered by the regulation.

For the purposes of this Act, sections 63 to 66, 71.1, 73, 75 to 77 and 80.2 shall be read with reference to the provisions prescribed pursuant to the first and second paragraphs, with the necessary modifications.

1999, c. 57, s. 3; 2001, c. 47, s. 1.

92.2. (Repealed).

1999, c. 57, s. 3; 2001, c. 47, s. 2.

92.3. The Commission shall establish a specific program for the monitoring of compliance with the labour standards applicable in the clothing industry.

1999, c. 57, s. 3; 2001, c. 47, s. 3.

92.4. (Repealed).

1999, c. 57, s. 3; 2001, c. 47, s. 4.

DIVISION IX EFFECT OF LABOUR STANDARDS

93. Subject to any exception allowed by this Act, the labour standards contained in this Act and the regulations are of public order.

In an agreement or decree, any provision that contravenes a labour standard or that is inferior thereto is absolutely null.

1979, c. 45, s. 93; 1999, c. 40, s. 196.

94. Notwithstanding section 93, an agreement or a decree may grant an employee a more advantageous condition of employment than required in a standard prescribed by this Act or the regulations.

1979, c. 45, s. 94; 1980, c. 5, s. 9.

95. An employer who enters into a contract with a subcontractor, directly or through an intermediary, is responsible jointly and severally with that subcontractor and that intermediary for the pecuniary obligations fixed by this Act or the regulations.

1979, c. 45, s. 95; 1994, c. 46, s. 8.

96. The alienation or concession of the whole or a part of an undertaking otherwise than by judicial sale does not invalidate any civil claim arising from the application of this Act or a regulation which is not paid at the time of such alienation or concession. The former employer and the new employer are bound solidarily in respect of that claim.

1979, c. 45, s. 96.

97. The alienation or concession in whole or in part of the undertaking, or the modification of its juridical structure, namely by amalgamation, division or otherwise, does not affect the continuity of the application of the labour standards.

1979, c. 45, s. 97.

CHAPTER V RECOURSES

DIVISION I CIVIL RECOURSES

98. Where the employer fails to pay to an employee the wage owing to him, the Commission, on behalf of that employee, may claim the unpaid wage from that employer.

1979, c. 45, s. 98; 1990, c. 73, s. 43.

99. Where the employer fails to pay the other pecuniary benefits resulting from the application of this Act or a regulation, the Commission may claim these benefits on the basis of the usual hourly wage of the employee and his gratuities declared and allocated under sections 42.2 and 42.3 of the Taxation Act (chapter I-3).

1979, c. 45, s. 99; 1983, c. 43, s. 12.

100. (Repealed).

1979, c. 45, s. 100; 1990, c. 73, s. 44.

101. Any settlement of a claim between an employer and an employee which involves a reduction of the amount claimed is absolutely null.

1979, c. 45, s. 101; 1999, c. 40, s. 196.

102. Subject to sections 123 and 123.1, an employee who believes that one of his rights under this Act or a regulation has been violated may file a complaint in writing with the Commission. Such a complaint may also be filed on behalf of an employee who consents thereto in writing by a non-profit organization dedicated to the defence of employees’ rights.

If an employee is subject to a collective agreement or a decree, the complainant must then prove to the Commission that he has exhausted his recourses arising out of that agreement or that decree, unless the complaint concerns a condition of employment prohibited by section 87.1; in the latter case, the complainant must prove to the Commission that he has not exercised such recourses or that, having exercised them, he discontinued proceedings before a final decision was rendered.

1979, c. 45, s. 102; 1982, c. 12, s. 4; 1990, c. 73, s. 45; 1999, c. 85, s. 3.

103. The Commission shall not, during the inquiry, disclose the identity of an employee by or on behalf of whom a complaint has been filed, unless the latter consents to it.

1979, c. 45, s. 103; 1990, c. 73, s. 46.

104. On receipt of a complaint, the Commission shall make an inquiry with due dispatch.

1979, c. 45, s. 104.

105. The Commission may also make an inquiry of its own initiative.

1979, c. 45, s. 105.

106. The Commission may refuse to proceed with an inquiry if it finds that the complaint is frivolous or made in bad faith.

1979, c. 45, s. 106.

107. Where the Commission refuses to proceed with an inquiry under section 106 or where it finds that the complaint is groundless, it shall give notice of its decision to the complainant by registered or certified mail, giving the reasons therefor and informing him of his right to apply for a review of the decision.

1979, c. 45, s. 107; 1990, c. 73, s. 47; 1992, c. 26, s. 11.

107.1. The complainant may, within 30 days of receiving the decision referred to in section 107, apply in writing for a review thereof.

The Commission must render a final decision by registered or certified mail within 30 days of receiving the application from the complainant.

1990, c. 73, s. 48; 1992, c. 26, s. 12.

108. The Commission, or any person it may designate generally or specially for that purpose, is vested, for the purposes of an inquiry contemplated in sections 104 and 105, with the powers and immunity granted to commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

The Commission may authorize a person generally or specially to inquire into a matter relating to this Act or a regulation. Such person must, upon request, present a certificate of his authority signed by the chairman.

1979, c. 45, s. 108.

109. In proceeding with an inquiry, the Commission or any person designated by it for such purpose may

(1)  enter at any reasonable time any place of work or establishment of an employer and make an inspection thereof; such inspection may include the examination of registers, books, accounts, vouchers and other documents;

(2)  require any information regarding the application of this Act or a regulation, and the production of any document related thereto.

1979, c. 45, s. 109.

110. A document contemplated in section 109 which has been examined by the Commission or a person designated by it, or which has been produced to either of them, may be copied or photocopied. Any copy or photocopy of such document certified true to the original by the chairman or that person is admissible as evidence and has the same probative value as the original.

1979, c. 45, s. 110.

111. Where, following an inquiry, the Commission considers that an amount of money is due to an employee in accordance with this Act or the regulations, it shall put the employer in default to pay such amount to the Commission within 20 days of the mailing of such putting in default by registered or certified mail.

The Commission shall at the same time send a notice to the employee indicating the amount claimed on his behalf.

1979, c. 45, s. 111; 1990, c. 73, s. 49; 1992, c. 26, s. 13.

Not in force

112. If the employer fails to pay such amount within the time fixed in section 111, the Commission may, of its own authority in the cases provided by regulation made under paragraph 6 of section 29, pay the amount to the employee to the extent provided for in paragraph 6 of section 39.

The Commission is thereupon substituted in all the rights of the employee up to the amount thus paid.

1979, c. 45, s. 112.

113. The Commission may take the appropriate action on behalf of the employee at the expiry of the time provided for in section 111.

The Commission may also exercise the recourses available to an employee against the directors of a legal person.

1979, c. 45, s. 113; 1990, c. 73, s. 50; 1992, c. 26, s. 14.

114. Where it exercises the recourses provided for in sections 112 and 113, the Commission may claim, in addition to the amount due under this Act or a regulation, an amount equal to 20 % of such amount. This additional amount of 20 % belongs entirely to the Commission.

The amount due to the employee bears interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31), from the putting in default contemplated in section 111.

1979, c. 45, s. 114; 1990, c. 73, s. 51.

115. A civil action brought under this Act or a regulation is prescribed by one year from each due date.

This prescription runs only from 1 May following the date of execution of the work in respect of employees engaged in logging operations.

1979, c. 45, s. 115.

116. A notice of inquiry sent by the Commission to the employer by registered or certified mail suspends prescription in respect of all his employees for six months from the date of mailing.

1979, c. 45, s. 116; 1990, c. 73, s. 52; 1992, c. 26, s. 15.

117. (Repealed).

1979, c. 45, s. 117; 1994, c. 46, s. 9.

118. In the case of a false entry in the required register, or in the system of registration, or of a secret rebate or any other fraud, prescription runs against the Commission’s recourses only from the date on which the Commission becomes aware of the fraud.

1979, c. 45, s. 118.

119. The recourses of several employees against the same employer or against the directors of the same legal person may be joined in the same suit, whether it is instituted by the employees or by the Commission, and the total amount claimed determines the jurisdiction of the court, both in first instance and in appeal.

1979, c. 45, s. 119; 1992, c. 26, s. 16.

119.1. All proceedings brought before the civil courts under this Act constitute matters which must be heard and decided by preference.

1990, c. 73, s. 53.

120. After being put in default by the Commission, an employer cannot validly discharge the amounts forming the object of the claim except by remitting them to the Commission. This provision does not apply in the case of an action brought by the employee himself.

1979, c. 45, s. 120.

121. Subject to section 112 and to the first paragraph of section 114, the Commission shall remit to the employee the amount it collects by exercising his recourse.

At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from that amount the amount repayable under section 102 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.

1979, c. 45, s. 121; 1988, c. 51, s. 120; 1992, c. 44, s. 81; 1994, c. 12, s. 50; 1997, c. 63, s. 128; 1998, c. 36, s. 184; 2001, c. 44, s. 30.

DIVISION II RECOURSE AGAINST PROHIBITED PRACTICES

1990, c. 73, s. 54.

122. No employer or his agent may dismiss, suspend or transfer an employee, practise discrimination or take reprisals against him, or impose any other sanction upon him

(1)  on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;

(2)  on the ground that such employee has given information to the Commission or one of its representatives on the application of the labour standards or that he has given evidence in a proceeding related thereto;

(3)  on the ground that a seizure by garnishment has been or may be effected against such employee;

(3.1)  on the ground that such employee is a debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2);

(4)  on the ground that such employee is pregnant;

(5)  for the purpose of evading the application of this Act or a regulation;

(6)  on the ground that the employee has refused to work beyond his regular hours of work because his presence was required to fulfil obligations relating to the care, health or education of his minor child, even though he had taken all reasonable steps within his power to assume those obligations otherwise.

An employer must of his own initiative transfer a pregnant employee if her conditions of employment are physically dangerous to her or her unborn child. The employee may refuse the transfer by presenting a medical certificate attesting that her conditions of employment are not dangerous as alleged.

1979, c. 45, s. 122; 1980, c. 5, s. 10; 1982, c. 12, s. 5; 1990, c. 73, s. 55; 1995, c. 18, s. 95.

122.1. No employer or his agent may dismiss, suspend or retire an employee on the ground that he has reached or passed the age or the number of years of service at which he should retire pursuant to a general law or special Act applicable to him, pursuant to the retirement plan to which he contributes, pursuant to the collective agreement, the arbitration award in lieu thereof or the decree governing him, or pursuant to the common practice of his employer.

1982, c. 12, s. 6.

122.2. No employer or his agent may dismiss, suspend or transfer an employee who has three months of uninterrupted service on the ground that he was absent by reason of illness or accident for a period not exceeding 17 weeks in the preceding 12 months.

Nothing in the first paragraph shall prevent an employer or his agent from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of the illness or accident or the repetitive nature of the absences constitute good and sufficient cause. In addition, at the end of an absence by reason of illness or accident which exceeds four consecutive weeks, the employer may, instead of reinstating the employee in his former position, assign him to comparable employment in the same establishment with a wage equal to or higher than that to which he would have been entitled had he remained at work, and with an equivalent pension and insurance plan, where applicable.

This section does not apply in the case of an industrial accident or occupational disease within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1990, c. 73, s. 56.

123. An employee who believes he has been the victim of a practice prohibited by section 122 or 122.2 and who wishes to assert his rights must do so before the Commission des relations du travail established by the Labour Code (chapter C-27). The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Code apply, with the necessary modifications.

Notwithstanding section 16 of the Labour Code, the period within which a complaint must be filed with the Commission des relations du travail is 45 days. If the complaint is submitted within that time to the Commission des normes du travail, failure to file the complaint to the Commission des relations du travail cannot be invoked against the complainant. The Commission des relations du travail shall transmit a copy of the complaint to the Commission des normes du travail.

The Commission des relations du travail shall not order the reinstatement of a domestic; it may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.

The Commission des normes du travail may, in any proceedings relating to this division, represent an employee who is not a member of a group of employees contemplated by a certification pursuant to the Labour Code.

1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196; 2001, c. 26, s. 140.

123.1. Section 123 applies to every employee who believes that he has been dismissed, suspended or retired on the ground set forth in section 122.1.

However, the time limit to file a complaint with the Commission des relations du travail is then increased to ninety days.

1982, c. 12, s. 7; 2001, c. 26, s. 141.

123.2. The presumption resulting from the application of the first paragraph of section 123 shall continue to apply for not less than 20 weeks after the employee has returned to work at the end of a maternity leave or parental leave.

1990, c. 73, s. 58.

123.3. The Commission, with the agreement of the parties, may appoint a person who shall endeavour to settle the complaint to the satisfaction of the parties.

Only a person who has not already acted in the matter in question in another capacity may be appointed for this purpose by the Commission.

Any verbal or written information gathered by the person appointed under the first paragraph must remain confidential. He may not be compelled to divulge anything that has been revealed to him or that has come to his knowledge in the performance of his duties, or to produce before a court or before any body or person fulfilling a judicial or quasi judicial function any document made or obtained in the performance of his duties, except in penal matters, where the court considers that such proof is necessary for a full and complete defence. Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person shall have a right of access to any such document.

1990, c. 73, s. 58; 1992, c. 61, s. 416.

DIVISION III RECOURSE AGAINST DISMISSALS NOT MADE FOR GOOD AND SUFFICIENT CAUSE

124. An employee credited with three years of uninterrupted service in the same enterprise who believes that he has not been dismissed for a good and sufficient cause may present his complaint in writing to the Commission des normes du travail or mail it to the address of the Commission des normes du travail within 45 days of his dismissal, except where a remedial procedure, other than a recourse in damages, is provided elsewhere in this Act, in another Act or in an agreement.

If the complaint is filed with the Commission des relations du travail within this period, failure to have presented it to the Commission des normes du travail cannot be set up against the complainant.

1979, c. 45, s. 124; 1990, c. 73, s. 59; 2001, c. 26, s. 142.

125. Upon receiving the complaint, the Commission des normes du travail may, with the agreement of the parties, appoint a person who shall endeavour to settle the complaint to the satisfaction of the interested parties. The second and third paragraphs of section 123.3 apply for the purposes of this section.

The Commission des normes du travail may require from the employer a writing containing the reasons for dismissing the employee. It must provide a copy of this writing to the employee, on demand.

1979, c. 45, s. 125; 1990, c. 73, s. 60; 2001, c. 26, s. 143.

126. If no settlement is reached within 30 days following receipt of the complaint by the Commission des normes du travail, the employee may, within the ensuing 30 days, apply in writing to the Commission des normes du travail for referral of the complaint to the Commission des relations du travail so that the latter may conduct an inquiry and decide the complaint.

1979, c. 45, s. 126; 1983, c. 22, s. 104; 1990, c. 73, s. 61; 2001, c. 26, s. 144.

126.1. The Commission des normes du travail may, in a proceeding under this division, represent an employee who does not belong to a group of employees to which certification has been granted under the Labour Code (chapter C-27).

1997, c. 2, s. 2; 2001, c. 26, s. 145.

127. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the said Code apply, adapted as required, except sections 15 to 19.

1979, c. 45, s. 127; 1990, c. 73, s. 61; 2001, c. 26, s. 146.

128. Where the Commission des relations du travail considers that the employee has been dismissed without good and sufficient cause, the Commission may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision the Commission believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic, the Commission des relations du travail may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal up to a maximum period of three months.

1979, c. 45, s. 128; 1990, c. 73, s. 62; 2001, c. 26, s. 147.

129. (Repealed).

1979, c. 45, s. 129; 1990, c. 73, s. 63; 2001, c. 26, s. 148.

130. The decision of the Commission des relations du travail under this division is without appeal. It shall bind both the employer and the employee.

1979, c. 45, s. 130; 1990, c. 73, s. 64; 2001, c. 26, s. 149.

131. The Commission des relations du travail shall send forthwith a true copy of its decision to the Commission.

1979, c. 45, s. 131; 1990, c. 73, s. 64; 2001, c. 26, s. 150.

132. (Replaced).

1979, c. 45, s. 132; 1990, c. 73, s. 64.

133. (Replaced).

1979, c. 45, s. 133; 1990, c. 73, s. 64.

134. (Replaced).

1979, c. 45, s. 134; 1990, c. 73, s. 64.

135. (Replaced).

1979, c. 45, s. 135; 1990, c. 73, s. 64.

Not in force

CHAPTER VI BANKRUPTCY

Not in force

136. The Commission may, out of its funds and in the manner provided for by a regulation made under paragraph 4 of section 29, compensate an employee for the whole or part of the loss of wages or of any other pecuniary benefit accruing to him under this act or a regulation, where he has incurred such loss on account of the bankruptcy of his employer.

1979, c. 45, s. 136.

Not in force

137. For the application of this chapter, an employer is bankrupt where a receiving order is made against him under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) where he makes an assignment of his property within the meaning of that Act and, if it is a legal person, where a winding-up order is made against it under the Winding-up Act (Revised Statutes of Canada, 1985, chapter W-11), for insolvency within the meaning of the said Act.

1979, c. 45, s. 137; 1999, c. 40, s. 196.

Not in force

138. The Commission, where compensating an employee in the event of a bankruptcy, is subrogated in all his rights up to the amount so paid.

1979, c. 45, s. 138.

CHAPTER VII PENAL PROVISIONS

1992, c. 61, s. 417.

139. Every employer is guilty of an offence and is liable to a fine of $600 to $1,200 and, for any subsequent conviction, to a fine of $1,200 to $6,000, who

(1)  knowingly destroys, alters or falsifies

(a)  a register;

(b)  the registration system;

(c)  a document dealing with the carrying out of this Act or a regulation;

(2)  fails, neglects or refuses to keep a document contemplated in paragraph 1.

1979, c. 45, s. 139; 1986, c. 58, s. 65; 1990, c. 4, s. 609; 1991, c. 33, s. 87; 1997, c. 85, s. 367.

140. Every employer is guilty of an offence and is liable to a fine of $600 to $1,200 and, for any subsequent conviction, to a fine of $1,200 to $6,000, who

(1)  hinders in any way the Commission or any person authorized by it in the discharge of their duties;

(2)  deceives them by concealment or false declaration;

(3)  refuses to give them any information or document they are entitled to obtain under this Act;

(4)  conceals a document or anything related to an inquiry;

(5)  is a party to an agreement stipulating conditions of employment inferior to labour standards determined under this Act or the regulations; or

(6)  contravenes any other provision of this Act or the regulations.

1979, c. 45, s. 140; 1986, c. 58, s. 66; 1990, c. 4, s. 610; 1991, c. 33, s. 88; 1997, c. 85, s. 368.

141. Every person who attempts to commit an offence contemplated in sections 139 and 140, or aids or incites another person to commit an offence against this Act or a regulation, is guilty of an offence and liable to the penalties provided for such offence.

1979, c. 45, s. 141.

142. Where a legal person commits an offence, every officer, director, employee or agent of that legal person who has prescribed or authorized the perpetration of the offence or agreed or was a party thereto, is deemed to be a party to the offence.

1979, c. 45, s. 142; 1999, c. 40, s. 196.

143. (Repealed).

1979, c. 45, s. 143; 1990, c. 4, s. 611; 1992, c. 61, s. 418.

144. Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

1979, c. 45, s. 144; 1992, c. 61, s. 419.

145. (Repealed).

1979, c. 45, s. 145; 1992, c. 61, s. 420.

146. No evidence shall be permitted in view of establishing that any action or suit contemplated by this Act was brought following upon the complaint of an informer, or of discovering the identity of an informer.

1979, c. 45, s. 146.

147. The Commission may designate from among the members of its personnel the persons who shall be entrusted with the carrying out of this Act.

1979, c. 45, s. 147; 1990, c. 4, s. 612; 1992, c. 61, s. 421.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

148. (Omitted).

1979, c. 45, s. 148.

149. In any Act, regulation, ordinance or proclamation and in any order in council, contract or other document, any reference to the Minimum Wage Act is deemed to be a reference to this Act or to the equivalent provision of this Act.

1979, c. 45, s. 149.

150. (Omitted).

1979, c. 45, s. 150.

151. Every regulation made and every resolution adopted by the Commission du salaire minimum remains in force, except where it is inconsistent with this Act, until it is repealed, amended or replaced by a regulation or resolution of the Commission des normes du travail.

1979, c. 45, s. 151.

152. Ordinances adopted by the Commission du salaire minimum concerning matters which may be the object of a regulation under sections 88 and 89 remain in force, in respect of matters that can be regulated, until they are repealed, amended or replaced by a regulation made under the said sections. Such ordinances have, for the purposes of this Act, the same value and effect as a regulation made under this Act.

Notwithstanding section 52, an employee contemplated in subparagraph b of paragraph 4 of section 89 shall have a standard workweek only from the coming into force of the regulation fixing it.

1979, c. 45, s. 152.

153. The Commission des normes du travail succeeds the Commission du salaire minimum and, for that purpose, acquires the rights and assumes the liabilities of that body.

1979, c. 45, s. 153.

154. Every matter pending before the Commission du salaire minimum and every case not yet prescribed under the Minimum Wage Act (chapter S-1) at the time the latter is replaced, is continued and decided without continuance of suit, in accordance with this Act, by the Commission des normes du travail.

1979, c. 45, s. 154.

155. The secretary and the members of the personnel of the Commission du salaire minimum in office on 15 April 1980 become, without other formality, the secretary and the members of the personnel of the Commission des normes du travail.

1979, c. 45, s. 155.

156. Notwithstanding section 8, a commissioner of the Commission du salaire minimum who becomes a part-time member of the Commission des normes du travail may, by giving notice to the Commission administrative des régimes de retraite et d’assurances, continue to contribute to the pension plan applicable to him on the basis of the salary he would receive if he held office on a full-time basis.

1979, c. 45, s. 156; 1983, c. 24, s. 88.

157. Except in respect of what concerns minimum wage and maternity leave, which applies from 16 April 1980, a collective agreement in force pursuant to the Labour Code (chapter C-27) on 16 April 1980 continues to have effect until the date of its expiry, even where it fails to include one or another of the labour standards adopted under this Act or where any of its provisions is contrary to any of such standards.

The same rule applies to a collective agreement negotiated in accordance with the Labour Code and signed within ninety days after 16 April 1980 and to a decree passed, prolonged or renewed within the same period of time.

The first paragraph applies, with the necessary modifications, to a decree in force on 16 April 1980 until the date of its expiry, prolongation or renewal.

1979, c. 45, s. 157; 1980, c. 5, s. 11.

158. This Act applies to employees who exercise functions that were not subject to an order adopted pursuant to the Minimum Wage Act (chapter S-1) from the coming into force of the regulations made under the second paragraph of section 88 and paragraph 4 of section 89 respecting them.

However, the provisions relating to maternity leave apply from 16 April 1980.

1979, c. 45, s. 158.

158.1. The Government may, by regulation, determine minimum conditions of employment respecting the matters listed in section 92.1 applicable, until the coming into force of a regulation made under that section but for a period not exceeding 42 months beginning on 1 July 2000, to employees who perform work which, had it been performed before that date, would have been within the fields of activity covered by one of the decrees listed in the third paragraph of section 39.0.2. The minimum conditions of employment respecting the matters listed in subparagraphs 1, 2 and 4 of the first paragraph of section 92.1 may vary according to the factors specified for those matters in any of such decrees. In addition, the hours of the standard workweek may be distributed as provided for in any of such decrees.

The Government may also, by regulation, prescribe any provision it considers expedient in order to harmonize the minimum conditions of employment applicable to the employees where such conditions vary from one decree to another, in particular a variation in the duration of the reference year provided for in section 66, as well as any provision similar to the provisions appearing in Divisions I to V.1 of Chapter IV in respect of any matter covered by the regulation.

For the purposes of this Act, the minimum conditions of employment determined under this section are deemed to be labour standards, and sections 63 to 66, 71.1, 73, 75 to 77 and 80.2 shall be read with reference to the provisions prescribed pursuant to the first and second paragraphs, with the necessary modifications.

1999, c. 57, s. 4; 2001, c. 47, s. 5.

158.2. Where the nature of the work performed by an employee gives rise to a difficulty in the application of the minimum conditions of employment determined under section 158.1, the Commission may refer the difficulty to a single arbitrator as if it were a case of double coverage under the Act respecting collective agreement decrees (chapter D-2), and the provisions of sections 11.4 to 11.9 of that Act apply, with the necessary modifications.

1999, c. 57, s. 4.

159. (Amendment integrated into c. C-25, a. 294.1).

1979, c. 45, s. 159.

160. (Amendment integrated into c. D-2, s. 16).

1979, c. 45, s. 160.

161. (Amendment integrated into c. D-2, s. 26).

1979, c. 45, s. 161.

162. (Omitted).

1979, c. 45, s. 162.

163. (Omitted).

1979, c. 45, s. 163.

164. (Omitted).

1979, c. 45, s. 164.

165. (Amendment integrated into c. E-15, ss. 13, 16).

1979, c. 45, s. 165.

166. (Amendment integrated into c. F-1.1, ss. 4-6, 9, 17.1-17.2).

1979, c. 45, s. 166.

167. (Amendment integrated into c. M-33, ss. 5.1-5.2).

1979, c. 45, s. 167.

168. (Amendment integrated into c. M-33, schedule I).

1979, c. 45, s. 168.

169. The Government may authorize the Minister of Finance to pay or advance to the Commission the sums necessary to pay the salaries, allowances and indemnities or social benefits of the secretary of the Commission and of its members and personnel and the other expenses necessary for the application of this Act. To repay these sums, the Commission must pay the Minister of Finance out of its revenue.

1979, c. 45, s. 169.

170. The Minister is responsible for the application of this Act, except Chapter III.1 which is under the administration of the Minister of Revenue.

1979, c. 45, s. 170; 1994, c. 46, s. 10.

170.1. Sections 33 to 38 and 88 to 92 have effect from 20 March 1980.

1980, c. 5, s. 14.

171. (Omitted).

1979, c. 45, s. 171.

172. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(Repealed).

1979, c. 45, Schedule I; 1982, c. 8, s. 38; 1982, c. 9, s. 38; 1986, c. 81, s. 1; 1990, c. 73, s. 65.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 45 of the statutes of 1979, in force on 1 November 1980, is repealed, except sections 150 and 171, effective from the coming into force of chapter N-1.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 75 of chapter 45 of the statutes of 1979, in force on 31 December 1981, is repealed effective from the coming into force of the updating to 31 December 1981 of chapter N-1.1 of the Revised Statutes.