D-2, r. 7 - Decree respecting the automotive services industry in Chapais, Chibougamau, Lac Saint-Jean and Saguenay

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter D-2, r. 7

Decree respecting the automotive services industry in Chapais, Chibougamau, Lac Saint-Jean and Saguenay

Act respecting collective agreement decrees

(chapter D-2, ss. 2 and 6).

R.R.Q., 1981, c. D-2, r. 50; O.C. 751-83, s. 1; O.C. 1388-99, s. 1.

DIVISION 1.00 Definitions

1.01. In this Decree, unless the context requires otherwise, the following expressions mean:

(1)  “artisan”: person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(2)  “parts clerk”: employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree;

(3)  “messenger”: employee working in an establishment where the work governed by the Decree is performed, whose duties consist mainly in delivering vehicle parts, accessories or tires;

(4)  “journeyman”: employee who duties are related mainly to maintenance, tests, inspections, repairs, changes or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the trades related to the automobile industry;

(5)  “spouse”: means either of 2 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 1 year or more;

(6)  “dismantler”: employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(7)  “combination of road vehicles”: a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(8)  “washer”: employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines and, as a subtask, the transportation of customers;

(9)  “semiskilled worker”: employee whose duties are related mainly to one or another of the following tasks:

(a)  restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b)  installing upholstery, hubcaps, windshields or windows;

(10)  “pump attendant”: employee whose duties are related mainly to the sale of gasoline or lubricants and to the supervision of pumps;

(11)  “service attendant”: employee whose duties are related mainly to one or another of the following tasks: inspection or visual inspection only, lubricating, changing oil, applying anti-rust, balancing wheels, installing, repairing, installing or dismantling radiators and their hoses, shock absorbers, tires, windshield wipers, headlights, filters, exhaust systems with the exception of exhaust pipes, the installation and dismantling of audio systems and installing or boosting batteries on a vehicle. He may also change all fluids except for the air conditioning system. He may also do road tests in order to verify the work he has done.

A service attendant may perform the duties mentioned in the preceding paragraph only insofar as those duties do not require him to handle other parts or other components on a vehicle system. He may also do the work of the washer to complete his duties.

(12)  “uninterrupted service”: 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;

(13)  “vehicle”: a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of the Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(14)  “heavy road vehicle”: a road vehicle whose net mass is 4,500 kg or more.

R.R.Q., 1981, c. D-2, r. 50, s. 1.01; O.C. 2548-84, s. 2; O.C. 1558-86, s. 1; O.C. 1168-89, s. 2; O.C. 634-98, s. 1; O.C. 1388-99, s. 3; S.Q. 2002, c. 6.

1.02. Names of Contracting Parties

(1)  Group representing the employer contracting party:

La Corporation des concessionnaires d’automobiles du Saguenay–Lac-St-Jean inc.;

L’Association des industries de l’automobile du Canada;

Association des spécialistes du pneu du Québec inc.;

L’Association des marchands Canadian Tire du Québec inc.;

Fédération du secteur de l’automobile “région 02” inc.;

M.C.Q. Mouvement Carrossiers Québec;

(2)  Group representing the union party:

Le Syndicat démocratique des employés de garage Saguenay–Lac-St-Jean;

O.C. 1388-99, s. 4; O.C. 102-2001, s. 1; O.C. 421-2011, s. 1.

DIVISION 2.00 Jurisdiction

2.01. Professional and Industrial Jurisdiction:

(1)  The Decree applies to the following work:

(a)  repairing, altering or inspecting a vehicle, its parts or accessories;

(b)  restoring, overhauling, repairing, retooling or any other work of the same type performed on vehicle parts, accessories or tires, as well as their installation on that vehicle;

(c)  completely or partially dismantling a vehicle;

(d)  selling gasoline, lubricants or any other similar products used for a vehicle where, in the establishment where such work is performed, work specified in paragraphs a, b, c, f or g is also performed;

(e)  washing, waxing or cleaning a vehicle where, in the establishment where such work is performed, work specified in paragraphs a, b, c, f or g is also performed;

(f)  distributing or selling vehicle parts, accessories or tires to garages, service stations, parts shops, new or used car dealers or to any establishment whose activities are governed by the Decree;

(g)  distributing or selling vehicle parts, accessories or tires by an establishment specified in paragraph f when performing work governed by the Decree;

(h)  delivering vehicle parts, accessories or tires where, in the establishment where such work is performed, other work subject to the Decree is also performed.

(2)  Exclusion: The Decree does not apply to:

(a)  work specified in subsection 1 where done exclusively for the employer’s own service or own needs or where done exclusively on farm machinery;

(b)  work specified in subsection 1 performed on a vehicle leased for 12 months or less if the economic activity of the establishment where the work is performed consists solely in leasing motor vehicles; however, that work is subject to the Decree, when performed on a vehicle leased for more than 12 months;

(c)  vulcanizing and retreading;

(d)  the sale of vehicle parts, accessories or tires to parts shops or to wholesalers carried out:

i.  in a warehouse or in a distribution centre;

ii.  in a warehouse only, where the establishment of the employer’s utilizes it, at the same time, as a parts warehouse and as a parts shop.

R.R.Q., 1981, c. D-2, r. 50, s. 2.01; O.C. 2548-84, s. 3; O.C. 1558-86, s. 2; O.C. 358-96, s. 1; O.C. 1388-99, s. 6.

2.02. Territorial jurisdiction: The Decree applies within the boundaries of the municipalities listed in Schedule I.

R.R.Q., 1981, c. D-2, r. 50, s. 2.02; O.C. 751-83, s. 3; O.C. 2548-84, s. 4.

DIVISION 3.00 Hours of work

3.01. The standard workweek is 40 hours scheduled:

(1)  over no more than 5 consecutive days, from Monday to Saturday, for the apprentice, the journeyman, the dismantler and the semiskilled worker;

(1.1)  over no more than 5 consecutive days for the parts clerk, the messenger, the washer and the service attendant;

(2)  over no more than 6 consecutive days for the pump attendant;

(3)  over no more than 6 consecutive days for all the employees of an employer where the work specified in paragraphs a, b, f or g of subsection 1 of section 2.01 is performed on heavy road vehicles or combinations of road vehicles or pertains to such vehicles or combinations of vehicles.

R.R.Q., 1981, c. D-2, r. 50, s. 3.01; O.C. 2548-84, s. 5; O.C. 1168-89, s. 3; O.C. 1388-99, s. 7; O.C. 421-2011, s. 2.

3.02. The standard workday is not more than 10 hours scheduled over a maximum period of 11 consecutive hours.

R.R.Q., 1981, c. D-2, r. 50, s. 3.02; O.C. 2548-84, s. 5; O.C. 1168-89, s. 3; O.C. 1388-99, s. 7; O.C. 421-2011, s. 3.

3.02.1. (Replaced).

O.C. 634-98, s. 2; O.C. 1388-99, s. 7.

3.02.2. (Replaced).

O.C. 634-98, s. 2; O.C. 1388-99, s. 7.

3.03. (Revoked).

R.R.Q., 1981, c. D-2, r. 50, s. 3.03; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7; O.C. 421-2011, s. 4.

3.04. An employee may require a rest period of up to 1 hour, without pay, for meals, and the employer cannot require the employee to work more than 5 consecutive hours between each meal. That period is remunerated if the employee is not authorized to leave his work station.

R.R.Q., 1981, c. D-2, r. 50, s. 3.04; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7.

3.05. An employee is deemed to be at work

(1)  while available to the employer at the place of employment and required to wait for work to be assigned;

(2)  subject to section 3.04, during the break periods granted by the Decree and the employer;

(3)  when travel is required by the employer;

(4)  during any trial or training period required by the employer.

R.R.Q., 1981, c. D-2, r. 50, s. 3.05; O.C. 2548-84, s. 5; O.C. 1168-89, s. 4; O.C. 1388-99, s. 7; O.C. 421-2011, s. 5.

3.06. An employee is entitled to a weekly minimum rest period of 32 consecutive hours.

R.R.Q., 1981, c. D-2, r. 50, s. 3.06; O.C. 2548-84, s. 5; O.C. 634-98, s. 3; O.C. 1388-99, s. 7; O.C. 421-2011, s. 6.

3.07. (Replaced).

O.C. 2548-84, s. 5; O.C. 1388-99, s. 7.

3.08. An employee may refuse to work

(1)  more than 4 hours after regular daily working hours or more than 14 working hours per 24-hour period, whichever period is the shortest;

(2)  more than 12 working hours per 24-hour period if the employee’s daily working hours are flexible or non-consecutive;

(3)  more than 50 working hours per week.

O.C. 421-2011, s. 7.

3.09. An employee who is required to appear as a witness before a court or a quasi judicial body in a case concerning his or her employer, other than a grievance or penal proceedings instituted by the parity committee, where the employee is not one of the interested parties has no reduction in wages for the period during which the employee’s presence is required in court.

O.C. 421-2011, s. 7.

DIVISION 4.00 Overtime hours

4.01. Hours worked in addition to the standard workday or workweek entail a premium of 50% of the hourly wage currently paid to the employee, except for premiums computed on an hourly basis.

Notwithstanding the first paragraph, the employer may, at the request of the employee, replace the payment of overtime by paid leave equivalent to the overtime worked plus 50%.

That leave must be taken during the 12 months following the overtime worked at a date agreed upon 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.

R.R.Q., 1981, c. D-2, r. 50, s. 4.01; O.C. 2548-84, s. 5; O.C. 1168-89, s. 5; O.C. 634-98, s. 4; O.C. 1388-99, s. 7.

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

R.R.Q., 1981, c. D-2, r. 50, s. 4.02; O.C. 2548-84, s. 5; O.C. 634-98, s. 5; O.C. 1388-99, s. 7.

4.03. The hours worked between 9 :00 p.m. and 7 :00 a.m. by employees except for employees specified in paragraph 3 of section 3.01 entail a premium of 10% of the hourly rate currently paid. The amount of the premium must not exceed $0.80 per hour.

R.R.Q., 1981, c. D-2, r. 50, s. 4.03; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7.

4.04. (Replaced).

R.R.Q., 1981, c. D-2, r. 50, s. 4.04; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7.

4.05. (Replaced).

R.R.Q., 1981, c. D-2, r. 50, s. 4.05; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7.

DIVISION 5.00 Recall to Work

5.01. An employee who reports to 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 3 consecutive hours, except in the case of a fortuitous event, is entitled to an indemnity equal to 3 hours at his hourly rate currently paid and, as the case may be, increased, in accordance with section 4.01.

Despite the foregoing, an employee who, outside of the regular working hours, is recalled after leaving the place of employment, is entitled to an indemnity equal to 3 hours at the employee’s rate currently paid, except where the application of section 4.01 entitles the employee to a greater amount.

R.R.Q., 1981, c. D-2, r. 50, s. 5.01; O.C. 2548-84, s. 5; O.C. 1388-99, s. 7; O.C. 421-2011, s. 8.

5.02. (Revoked).

O.C. 1388-99, s. 7; O.C. 421-2011, s. 9.

DIVISION 6.00 Statutory General Holidays

This Division applies to all employees, except for section 6.07 which applies to pump attendants only.

O.C. 1388-99, s. 7.

6.01. The following days are paid statutory general holidays, regardless of the day of the week on which they fall: 1 and 2 January, Good Friday or Easter Monday, the Monday preceding 25 May, 1 July or, where 1 July falls on a Sunday, 2 July, the first Monday of September, the second Monday of October and 25 and 26 December.

A holiday that coincides with a non-working day is postponed to a date agreed upon, as the case may be, between the employer and his employees or between the employer and the certified association.

R.R.Q., 1981, c. D-2, r. 50, s. 6.01; O.C. 2548-84, s. 6; O.C. 1168-89, s. 6; O.C. 1388-99, s. 7.

6.02. To benefit from a statutory general holiday, an employee must not have been absent from work without the employer’s authorization or without valid cause on the working day preceding or following the holiday.

Despite the foregoing, an employee is deemed not to have been absent from work on the working day preceding or following a general holiday when the employee was laid off for less than 20 days preceding or following 1 and 2 January as well as 25 and 26 December, or for less than 48 hours for the other holidays provided for in section 6.01.

R.R.Q., 1981, c. D-2, r. 50, s. 6.02; O.C. 1388-99, s. 7; O.C. 421-2011, s. 10.

6.03. For each statutory general holiday, the employer must pay the employee an indemnity equal to 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday or layoff, excluding overtime.

R.R.Q., 1981, c. D-2, r. 50, s. 6.03; O.C. 1388-99, s. 7; O.C. 421-2011, s. 11.

6.04. An employee who works on one of the holidays provided for in section 6.01 is paid for the hours worked at his wage currently paid, as well as receiving the indemnity for that holiday.

R.R.Q., 1981, c. D-2, r. 50, s. 6.04; O.C. 1388-99, s. 7.

6.05. If an employee is on annual leave on one of the holidays provided for in section 6.01, the employer must pay him the indemnity provided for in section 6.03 or grant him a compensatory holiday of 1 day on a date agreed upon between the employer and the employee.

O.C. 2548-84, s. 7; O.C. 1388-99, s. 7.

6.06. St. John the Baptist’s Day is a statutory general holiday under the National Holiday Act (chapter F-1-1).

O.C. 2548-84, s. 7; O.C. 1388-99, s. 7.

6.07. (Revoked).

O.C. 1388-99, s. 7; O.C. 421-2011, s. 12.

DIVISION 7.00 Annual Leave with Pay

7.01. The reference year is a period of 12 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.

R.R.Q., 1981, c. D-2, r. 50, s. 7.01; O.C. 1388-99, s. 7.

7.02. An employee who, at the end of a reference year, is credited with less than 1 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 1 working day for each month of uninterrupted service, for a total leave not exceeding 2 weeks.

The indemnity for that leave is 4% of the gross wages of the employee during the reference year.

R.R.Q., 1981, c. D-2, r. 50, s. 7.02; O.C. 1388-99, s. 7.

7.03. An employee who, at the end of a reference year, is credited with 1 year of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 2 consecutive weeks.

The indemnity for that leave is 4% of the gross wages of the employee during the reference year.

An employee is also entitled, if the employee applies therefor, to an additional annual leave without pay equal to the number of days required to increase the employee’s annual leave to 3 weeks.

Such additional leave need not follow immediately a leave under the first paragraph and it may not be divided, or be replaced by a compensatory indemnity.

R.R.Q., 1981, c. D-2, r. 50, s. 7.03; O.C. 1388-99, s. 7; O.C. 421-2011, s. 13.

7.04. An employee who, at the end of a reference year, is credited with 5 years of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 3 consecutive weeks.

The indemnity for that leave is 6% of the gross wages of the employee during the reference year.

R.R.Q., 1981, c. D-2, r. 50, s. 7.04; O.C. 1388-99, s. 7.

7.05. An employee who, at the end of a reference year, is credited with 15 years of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 4 weeks, 3 of which are consecutive.

The indemnity for that leave is 8% of the gross wages of the employee during the reference year.

R.R.Q., 1981, c. D-2, r. 50, s. 7.05; O.C. 2548-84, s. 8; O.C. 1388-99, s. 7.

7.06. The annual leave must be taken within 12 months following the end of the reference year, except where a collective agreement allows it to be deferred until the following year.

Despite the first paragraph, the employer may, at the request of the employee, allow the annual leave to be taken, in whole or in part, during the reference year.

In addition, if at the end of the 12 months following the end of a reference year, the employee is absent owing to sickness, accident or a criminal offence or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. If the annual leave is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.

Despite 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.

R.R.Q., 1981, c. D-2, r. 50, s. 7.06; O.C. 2548-84, s. 9; O.C. 1388-99, s. 7; O.C. 421-2011, s. 14.

7.07. The annual leave may be divided into 2 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.

The annual leave may also be divided into more than 2 periods where so requested by the employee, provided the employer consents thereto.

A leave not exceeding 1 week cannot be divided.

R.R.Q., 1981, c. D-2, r. 50, s. 7.07; O.C. 2548-84, s. 10; O.C. 1388-99, s. 7.

7.08. An employee is entitled to know the date of his annual leave at least 4 weeks in advance.

An employee must notify the employer at least 4 weeks in advance as to when he prefers to take the annual leave.

R.R.Q., 1981, c. D-2, r. 50, s. 7.08; O.C. 1388-99, s. 7.

7.09. An employee must receive the indemnity for the annual leave in a single payment before the leave begins.

However, where the annual leave is divided in accordance with section 7.07, the indemnity will correspond to the fraction of the annual leave.

R.R.Q., 1981, c. D-2, r. 50, s. 7.09; O.C. 2548-84, s. 11; O.C. 1388-99, s. 7.

7.10. Employers are prohibited from replacing a leave provided for in sections 7.02 to 7.05 by a compensatory indemnity. At the request of the employee, the third week of leave and, where applicable, the fourth week, may, however, be replaced by a compensatory indemnity if the establishment closes for 2 weeks on the occasion of the annual leave.

R.R.Q., 1981, c. D-2, r. 50, s. 7.10; O.C. 1388-99, s. 7.

7.11. Should an employee provided for in sections 7.03 to 7.05 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, 3 or 4 times the weekly average of the wage earned during the period of work. An employee provided for in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to his account.

Notwithstanding the first paragraph, the annual leave indemnity must 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 provided for in the first paragraph.

R.R.Q., 1981, c. D-2, r. 50, s. 7.11; O.C. 2548-84, s.12; O.C. 1388-99, s. 7.

7.12. Where an employee quits his employment, he receives the indemnity related to the leave acquired before the preceding 1 May, if the leave was not taken, as well as the indemnity due to him for the period which has elapsed since that date.

R.R.Q., 1981, c. D-2, r. 50, s. 7.12; O.C. 2548-84, s. 12; O.C. 1388-99, s. 7.

DIVISION 8.00 Special Leaves

8.01. An employee may be absent from work for 3 days 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 2 more days on such occasion.

R.R.Q., 1981, c. D-2, r. 50, s. 8.01; O.C. 2548-84, s. 13; O.C. 1388-99, s. 7.

8.02. An employee may be absent from work for 1 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.

O.C. 2548-84, s. 13; O.C. 1388-99, s. 7.

8.03. In the circumstances referred to in sections 8.01 and 8.02, the employee must advise his employer of his absence as soon as possible.

O.C. 1388-99, s. 7.

8.04. An employee may be absent from work for 1 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 employer of his absence not less than 1 week in advance.

O.C. 1388-99, s. 7; O.C. 421-2011, s. 15.

8.05. An employee may be absent from work for 5 days by reason of the birth of his or her child, the adoption of a child or where there is termination of pregnancy in or after the twentieth week of pregnancy. The first 2 days of absence are 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 his or her father or mother or after the termination of pregnancy.

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

O.C. 1388-99, s. 7; O.C. 421-2011, s. 16.

8.06. An employee may be absent from work, without pay, for 10 days per year to fulfil obligations relating to the custody, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents.

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

The employee must advise the employer of his or her absence as soon as possible and take the reasonable steps within his or her power to limit the leave and the duration of the leave.

O.C. 421-2011, s. 17.

8.07. In accordance with the provisions of the Act respecting labour standards (chapter N-1.1), an employee may be absent from work

(1)  if the employee must stay with the employee’s child, spouse, the child of the employee’s spouse, the employee’s father, mother, the spouse of the employee’s father or mother, the employee’s brother, sister or one of the employee’s grandparents because of a serious illness or a serious accident;

(2)  if the employee’s minor child has a serious and potentially mortal illness;

(3)  if the employee must stay with the employee’s minor child who suffered serious bodily injury during or resulting directly from a criminal offence that renders the child unable to carry on regular activities;

(4)  if the employee’s minor child has disappeared;

(5)  if the employee’s spouse or child commits suicide; or

(6)  if the death of the employee’s spouse or child occurs during or results directly from a criminal offence.

O.C. 421-2011, s. 17.

8.08. In accordance with the provisions of the Act respecting labour standards (chapter N-1.1), a pregnant employee is entitled to a maternity leave, an employee is entitled to parental leave and the father and the mother of a newborn child, and a person who adopts a child, are entitled to parental leave.

An employee may also 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.

O.C. 421-2011, s. 17.

DIVISION 9.00 Apprenticeship and recognition of qualification certificates

9.01. The word “apprentice” designates any person learning one of trades governed by this Decree.

R.R.Q., 1981, c. D-2, r. 50, s. 9.01.

9.02. No apprentice shall be accepted before 16 years of age. He shall have completed the seventh year of the elementary course or the equivalent thereof.

R.R.Q., 1981, c. D-2, r. 50, s. 9.02.

9.03. Apprenticeship lasts 4 years.

R.R.Q., 1981, c. D-2, r. 50, s. 9.03.

9.04. Upon entering the industry regulated by this Decree, apprentices shall register with the parity committee so that the various stages of apprenticeship may be recorded. Employers shall not hire apprentices who have not complied with this provision.

R.R.Q., 1981, c. D-2, r. 50, s. 9.04.

9.05. The apprentice shall report to the parity committee every 6 months.

R.R.Q., 1981, c. D-2, r. 50, s. 9.05.

9.06. Upon expiration of his apprenticeship, the apprentice shall sit for an examination before the board of examiners of the parity committee in order to obtain his competency certificate.

R.R.Q., 1981, c. D-2, r. 50, s. 9.06.

9.07. Should he fail the examination, the candidate may sit for another examination after 3 months.

R.R.Q., 1981, c. D-2, r. 50, s. 9.07.

9.08. Apprentices who attended an educational institution governed by the Education Act (chapter I-13.3) shall be granted a credit proportionate to the length of their studies and the result of their examinations.

R.R.Q., 1981, c. D-2, r. 50, s. 9.08.

9.09. The ratio of apprentices to journeymen carrying on a trade with an employer must not exceed 2 apprentices per journeyman in the same trade.

R.R.Q., 1981, c. D-2, r. 50, s. 9.09; O.C. 321-2012, s. 1.

9.10. The holder of a qualification certificate or of another form of vocational certification issued in Canada for a trade mentioned in paragraph 4 of section 1.01 and paragraph 2 of section 10.01, including the holder of a “Red Seal” issued in accordance with the Interprovincial Standards Red Seal Program, is exempted from any qualification examination required by this Decree or by a regulation made by the parity committee.

A person who holds one of the training qualifications referred to in Schedule II and issued by the Ministère de l’Éducation nationale de France, and who provides supporting documents proving that the person has practised the trade for the time prescribed in the Schedule, is likewise exempted.

On payment of the fees required for the issue of a qualification certificate, the parity committee shall issue a corresponding Class C certificate to the holder referred to in the first and second paragraphs.

O.C. 591-2010, s. 5; O.C. 986-2011, s. 3.

DIVISION 10.00 Wages

10.01. The minimum hourly wage rates are as follows:

Trades                    As of          As of           As of             As of
                        27 April      1 January       1 January         1 January     
                          2011           2012            2013             2014

1. Apprentice 
1st year                 $11.93         $12.23          $12.53            $12.85
2nd year                 $12.33         $12.64          $12.95            $13.28
3rd year                 $13.15         $13.48          $13.82            $14.16
4th year                 $14.24         $14.60          $14.96            $15.33

2. Journeyman:
mechanic, diesel-mechanic,      
welder, electrician,  
body-builder, wheel  
balancer, automatic   
transmission specialist,        
painter, saddler, body
repairer:   
A                        $20.90         $21.42          $21.96            $22.51
B                        $18.60         $19.07          $19.54            $20.03
C                        $16.38         $16.79          $17.21            $17.64

3. Parts Clerk:
1st year                 $10.73         $11.00          $11.27            $11.56
2nd year                 $11.41         $11.70          $11.99            $12.29
3rd year                 $12.17         $12.47          $12.79            $13.11
4th year                 $12.84         $13.16          $13.49            $13.83
5th year                 $13.55         $13.89          $14.24            $14.59
6th year                 $14.35         $14.71          $15.08            $15.45
7th year                 $14.80         $15.17          $15.55            $15.94
8th year                 $15.20         $15.58          $15.97            $16.37

4. Messenger:            $10.01         $10.26          $10.52            $10.78

5. Dismantler: 
1st year                 $10.34         $10.60          $10.86            $11.14
2nd year                 $10.98         $11.25          $11.54            $11.82
3rd year                 $11.95         $12.25          $12.55            $12.87
4th year                 $12.92         $13.24          $13.57            $13.91

6. Washer                 $9.69          $9.93          $10.18            $10.44

7. Semiskilled Worker: 
1st year                 $10.98         $11.25          $11.54            $11.82
2nd year                 $11.65         $11.94          $12.24            $12.55
3rd year                 $12.92         $13.24          $13.57            $13.91

8. Pump Attendant:        $9.75          $9.99          $10.24            $10.50

9° Service Attendant: 
1st year                  $9.92         $10.17          $10.42            $10.68
2nd year                 $11.17         $11.45          $11.74            $12.03
3rd year                 $11.95         $12.25          $12.55            $12.87 
4th year                 $13.05         $13.38          $13.71            $14.05

R.R.Q., 1981, c. D-2, r. 50, s. 10.01; O.C. 1216-82, s. 1; O.C. 2548-84, s.14; O.C. 1168-89, s. 7; O.C. 1388-99, s. 8; O.C. 421-2011, s. 18.

10.02. Wages must be paid in cash in a sealed envelope or by cheque by Thursday at the latest. The payment may be made by bank transfer if so provided in a written agreement.

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 2 working days following its receipt.

After agreement with his employees, an employer may pay them every 2 weeks.

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.

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.

R.R.Q., 1981, c. D-2, r. 50, s. 10.02; O.C. 2548-84, s. 14; O.C. 1168-89, s. 8; O.C. 1388-99, s. 8.

10.03. 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 current 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, premiums, commissions, indemnities or allowances that are being paid;

(8)  the current hourly 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.

R.R.Q., 1981, c. D-2, r. 50, s. 10.03; O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.04. The hourly wage rates provided for in section 10.01 are minimum hourly rates. Any commission, bonus, premium and any other form of remuneration must be paid to the employee in addition to the minimum hourly wage rate. No compensation or benefit having pecuniary value may be taken into account in computing the minimum hourly rate.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.05. 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.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.06. 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.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.07. No employer may make deductions from wages unless the employer 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.

The employer may make deductions from wages if the employee consents thereto in writing, for a specific purpose mentioned in the writing.

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, within 30 days, the sums so withheld to their intended receiver.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8; O.C. 421-2011, s. 19.

10.08. 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 must be remitted to the employee. The word “gratuity” includes the service charge added to the patron’s bill.

The employer may not impose an arrangement to share gratuities or a tip-sharing arrangement among employees. Nor may the employer intervene, in any manner whatsoever, in the establishment of an arrangement to share gratuities or a tip-sharing arrangement. Such an arrangement must result solely from the free and voluntary consent of the employees entitled to gratuities or tips.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8; O.C. 421-2011, s. 20.

10.09. An employee called upon occasionally or regularly to perform tasks in different trades receives the hourly wage corresponding to his new trade receiving the most pay and is entitled to all the related conditions of employment.

An employee assigned permanently to a new trade receives the hourly wage corresponding to his new trade and is entitled to all the related conditions of employment.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.10. If an employer terminates an employee’s contract of employment and takes him back in the same employment within 6 months before the end of the contract, he must pay to the employee at least the wage rate he paid to him before the end of the contract of employment.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

10.11. Notwithstanding any other provision of this Decree, the employee’s weekly wage must not be less than the wage he would receive if he were remunerated in accordance with the Regulation respecting labour standards (chapter N-1.1, r. 3).

O.C. 1388-99, s. 8.

10.12. An employer is required to reimburse an employee for reasonable expenses incurred where, at the request of the employer, the employee must travel or undergo training.

O.C. 421-2011, s. 21.

DIVISION 11.00 Notice of Termination of Employment or Layoff, and Work Certificate

11.01. The employer must give written notice to an employee before terminating his contract of employment or laying him off for 6 months or more.

That notice shall be of 1 week if the employee is credited with less than 1 year of uninterrupted service, 2 weeks if he is credited with 1 year to 5 years of uninterrupted service, 4 weeks if he is credited with 5 years to 10 years of uninterrupted service and 8 weeks if he is credited with 10 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 null, except in the case of employment that usually lasts for not more than 6 months each year due to the influence of the seasons.

R.R.Q., 1981, c. D-2, r. 50, s. 11.01; O.C. 2548-84, s. 14; O.C. 1168-89, s. 9; O.C. 1388-99, s. 8.

11.02. Section 11.01 does not apply to an employee

(1)  who has less than 3 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 a fortuitous event.

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

11.03. An employer who does not give the notice prescribed in section 11.01, or who gives a notice of an insufficient period, 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.

That 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 6 months, or at the end of a period of 6 months after a layoff of indeterminate length, or a layoff expected to last less than 6 months but which exceeds that period.

O.C. 1388-99, s. 8.

11.04. 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 the employment, the dates on which his employment began and terminated, and the name and address of the employer. The certificate must not carry any mention of the quality of the work or the conduct of the employee.

O.C. 1388-99, s. 8.

DIVISION 12.00 Uniforms

12.01. Where an employer requires that a uniform be worn, he cannot deduct any amount from the salary for the purchase, use or care of that uniform.

R.R.Q., 1981, c. D-2, r. 50, s. 12.01; O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

12.02. (Replaced).

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

12.03. (Replaced).

O.C. 2548-84, s. 14; O.C. 1388-99, s. 8.

DIVISION 13.00 Duration of Decree

13.01. This Decree remains in force until 22 December 2014. It is then renewed automatically from year to year, unless the group comprising the employer contracting party or the union contracting party opposes it by sending written notice to the Minister of Labour and to all the contracting parties comprising the other group, during the month of June 2014 or during the month of June of any subsequent year.

O.C. 2548-84, s. 14; O.C. 1168-89, s. 10; O.C. 149-91, s. 1; O.C. 73-92, s. 1; O.C. 1100-92, s. 1; O.C. 98-93, s. 1; O.C. 1032-93, s. 1; O.C. 1079-94, s. 1; O.C. 992-95, s. 1; O.C. 853-96, s. 1; O.C. 634-98, s. 6; O.C. 1388-99, s. 8; O.C. 421-2011, s. 22.

SCHEDULE I

(s. 2.02)

Albanel, Alma, Bégin, Chambord, Chapais, Chibougamau, Desbiens, Dolbeau-Mistassini, Ferland-et-Boilleau, Girardville, Hébertville, Hébertville-Station, Labrecque, La Doré, Lac-Bouchette, Lamarche, L’Anse-Saint-Jean, Larouche, L’Ascension-de-Notre-Seigneur, Métabetchouan-Lac-à-la-Croix, Normandin, Notre-Dame-de-Lorette, Péribonka, Petit-Saguenay, Rivière-Éternité, Roberval, Saguenay, Saint-Ambroise, Saint-André-du-Lac-Saint-Jean, Saint-Augustin, Saint-Bruno, Saint-Charles-de-Bourget, Saint-David-de-Falardeau, Saint-Edmond-les-Plaines, Saint-Eugène-d’Argentenay, Saint-Félicien, Saint-Félix-d’Otis, Saint-François-de-Sales, Saint-Fulgence, Saint-Gédéon, Saint-Henri-de-Taillon, Saint-Honoré, Saint-Ludger-de-Milot, Saint-Prime, Saint-Stanislas, Saint-Thomas-Didyme, Sainte-Hedwidge, Sainte-Jeanne-d’Arc, Sainte-Monique, Sainte-Rose-du-Nord, Saint-Nazaire.

O.C. 751-83, s. 3; O.C. 2548-84, s. 14; O.C. 1388-99, s. 9.

SCHEDULE II

(s. 9.10)

TRAINING QUALIFICATIONS ISSUED BY THE MINISTÈRE DE L’ÉDUCATION NATIONALE DE FRANCE AND PROFESSIONAL EXPERIENCE GIVING ENTITLEMENT TO A QUALIFICATION CERTIFICATE ISSUED BY THE PARITY COMMITTEE

___________________________________________________________________________________

Training qualification          Number of hours of         Qualification
issued by the Ministère       practice of the trade        certificates issued by
de l’Éducation                                             the parity committee
nationale de France
___________________________________________________________________________________

Baccalauréat                 One year of practice of       Journeyman mechanic,
professionnel                the trade of automobile       Class C
Maintenance de               mechanic-repairer/
véhicules automobiles,       confirmed technician in
option voitures              automobile mechanics, 
particulières                but no less than 2,000
                             hours, after obtaining
                             that diploma
___________________________________________________________________________________

Baccalauréat                 One year of practice of       Journeyman mechanic
professionnel                the trade of industrial       for heavy road vehicles,
Maintenance de               vehicle mechanic-             Class C
véhicules automobiles,       repairer/confirmed
option véhicules             vehicle mechanics, but
industriels                  no less than 2,000 hours,
                             after obtaining that diploma
___________________________________________________________________________________

Baccalauréat                 One year of practice of       Journeyman body
professionnel                the trade of body             repairer, Class C
Réparation des               repairer/confirmed sheet
carrosseries                 metal worker, but no
                             less than 2,000 hours,
                             after obtaining that
                             diploma
___________________________________________________________________________________

Certificat d’aptitude        Three years of practice       Journeyman painter,
professionnelle              of the trade of               Class C
Peinture en carrosserie      automobile
                             painter/confirmed
                             automobile painter, but
                             no less than 6,000
                             hours, after obtaining
                             that diploma
___________________________________________________________________________________

O.C. 986-2011, s. 4.

REFERENCES

R.R.Q., 1981, c. D-2, r. 50

S.Q. 1981, c. 7, s. 536

O.C. 1216-82, 1982 G.O. 2, 1687; Suppl. 465

O.C. 751-83, 1983 G.O. 2, 1614

O.C. 2548-84, 1984 G.O. 2, 3987

O.C. 1558-86, 1986 G.O. 2, 2614

S.Q. 1986, c. 91, s. 655

O.C. 1168-89, 1989 G.O. 2, 3068

S.Q. 1989, c. 38, s. 319

O.C. 149-91, 1991 G.O. 2, 1029

O.C. 73-92, 1992 G.O. 2, 818

O.C. 1100-92, 1992 G.O. 2, 4086

O.C. 98-93, 1993 G.O. 2, 754

O.C. 1032-93, 1993 G.O. 2, 4000

O.C. 1079-94, 1994 G.O. 2, 2969

O.C. 992-95, 1995 G.O. 2, 2194

O.C. 358-96, 1996 G.O. 2, 1701

O.C. 853-96, 1996 G.O. 2, 3161

O.C. 634-98, 1998 G.O. 2, 2013

O.C. 757-98, 1998 G.O. 2, 2216

O.C. 1569-98, 1998 G.O. 2, 4815

O.C. 1388-99, 1999 G.O. 2, 4643

O.C. 102-2001, 2001 G.O. 2, 1226

O.C. 591-2010, 2010 G.O. 2, 1954

O.C. 421-2011, 2011 G.O. 2, 1013

O.C. 986-2011, 2011 G.O. 2, 2662

O.C. 321-2012, 2012 G.O. 2, 1097