D-2, r. 2 - Decree respecting the cartage industry in the Montréal region

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter D-2, r. 2

Decree respecting the cartage industry in the Montréal region

Act respecting collective agreement decrees

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

WHEREAS, pursuant to the Act respecting collective agreement decrees (chapter D-2), the contracting parties hereafter mentioned have submitted to the Minister of Labour, Manpower and Income Security a request to render obligatory the collective labour agreement entered into between:

on the one part:

L’Association des transporteurs de la région de Montréal Inc.;

and, on the other part:

L’Union des employés du transport local et industries diverses, local 931;

for the employers and the employees of the occupations concerned, according to the conditions described in the Québec Official Gazette of 1 May 1948;

WHEREAS the said agreement has acquired a preponderant significance and importance for the establishing of the working conditions in the industry and occupations concerned and in the territorial jurisdiction indicated in the said request;

WHEREAS the Act has been observed as regards the publication of notices;

WHEREAS one objection has been made against the said request and whereas it has been submitted to the contracting parties for consideration;

IT IS ORDERED, therefore, upon the recommendation of the Minister of Labour, Manpower and Income Security:

THAT the said request be accepted pursuant to the Act respecting collective agreement decrees, with however, the following new provisions to be substituted for the conditions described in the Québec Official Gazette of 1 May 1948.

R.R.Q., 1981, c. D-2, r. 6; O.C. 354-92, s. 1.

DIVISION 1.00 Interpretation

1.01. In this Decree, the following expressions mean:

(1)  “helper”: employee who assumes the duties of helper as required by the employer, except for the duties mentioned in paragraphs 2, 3, 4, 5 and 7;

(2)  “driver”: driver of an automobile;

(3)  “truck driver”: driver of a truck with 2 axles or more;

(4)  “tractor driver”: driver of a tractor semi-trailer;

(5)  “towmotor operator”: driver of a motor vehicle known as a “fork lift”;

(6)  “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;

(7)  “dockman” employee whose regular duties involve handling merchandise inside the warehouse or on the platform;

(8)  “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 the 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.

R.R.Q., 1981, c. D-2, r. 6, s. 1.01; O.C. 1478-82, s. 2; O.C. 2639-83, s. 1; O.C. 2646-84, s. 1; O.C. 1148-85, s. 1; O.C. 1998-88, s. 1; O.C. 354-92, s. 2; O.C. 1384-99, s. 2; S.Q. 2002, c. 6.

DIVISION 2.00 Jurisdiction

2.01. Territorial: This Decree applies:

(a)  on the territory of the Island of Montréal, of Kahnawake and of the municipalities of Brossard, Laval, Longueuil and Saint-Lambert;

(b)  on the territory of the municipalities of Candiac, Laprairie, Saint-Constant, Boucherville, Saint-Bruno-de-Montarville, Châteauguay, Châteauguay-Centre, Léry, Mercier, Carignan, Chambly, Saint-Basile-le-Grand, Beloeil, McMasterville, Sainte-Julie, Saint-Mathieu-de-Beloeil, Mont-Saint-Hilaire, Otterburn Park, Repentigny, Delson and Sainte-Catherine for those enterprises operating on a local basis within the Island of Montréal.

R.R.Q., 1981, c. D-2, r. 6, s. 2.01; O.C. 354-92, s. 3.

2.02. Industrial: This Decree governs:

(1)  transportation by motor vehicle for a third party and for payment, including the loading and unloading of the vehicle;

(2)  a related transportation operation or an operation which completes a transportation service when this operation is done by an employee whose function is provided for in section 1.01;

(3)  transportation with rented trucks of 1,000 kg or more, except if the total duration of the renting represents a period of 30 days or less during a calendar year;

(4)  transportation by an employee whose services are hired by a firm, to the owner, renter or lessor of the motor vehicle driven by him.

R.R.Q., 1981, c. D-2, r. 6, s. 2.02; O.C. 2639-83, s. 2; O.C. 2646-84, s. 2.

2.03. This Decree does not govern:

(a)  transportation from a construction site to a dumping ground for wastes, excavated stone or demolished materials and also transportation of crushed stone and asphalt, excepting liquid asphalt, to the dumping ground on a construction site;

(b)  transportation on a regular run in virtue of a permit issued by the Commission des transports du Québec between a place within the territorial jurisdiction and one outside the jurisdiction;

(c)  operation for the completion of transportation provided for in paragraph b and including the pickup and delivery of materials, as long as this operation is done by the enterprise which performed the transportation of the said merchandise on a regular run;

(d)  transportation of fluid dairy products except evaporated milk.

R.R.Q., 1981, c. D-2, r. 6, s. 2.03.

2.04. Professional: This Decree governs:

(a)  the employee whose functions are mentioned in section 1.01;

(b)  (paragraph revoked);

(c)  the enterprise that has its place of business or that operates within the territorial jurisdiction of this Decree;

(d)  the enterprise whose trucking operations are done partly within and partly outside the territorial jurisdiction of this Decree, and governs those operations performed within the jurisdiction;

(e)  the employers or employees using rented trucks weighing 1,000 kg and over, except if the total duration of the rental time represents 30 days or less during 1 calendar year;

(f)  employers who rent the services of employees for the owners or renters or rentees of the motor vehicles carrying out the transportation.

R.R.Q., 1981, c. D-2, r. 6, s. 2.04; O.C. 2639-83, s. 3; O.C. 2646-84, s. 3; O.C. 1384-99, s. 3.

2.05. This Decree does not govern:

(a)  (paragraph revoked);

(b)  (paragraph revoked);

(c)  the employee who is empowered to hire or fire personnel;

(d)  the employee who performs work governed by the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20);

(e)  the employee who, on a construction site, does the loading and unloading work governed by the Act respecting labour relations, vocational training and workforce management in the construction industry;

(f)  the employee assigned to the removal of solid waste, as defined by the Regulation respecting solid waste (chapter Q-2, r. 13);

(g)  the employee assigned to the transport of valuables and monies.

(h)  the employee driving a motor vehicle on a regular run under a licence of the Commission des transports du Québec from a point located within the territorial jurisdiction of the Decree to a point located beyond;

(i)  (paragraph revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 2.05; O.C. 2646-84, s. 4; O.C. 1998-88, s. 2; O.C. 983-2001, s. 1.

DIVISION 3.00 Hours of work

3.01. The standard workday shall not exceed 12 hours, excluding meals.

R.R.Q., 1981, c. D-2, r. 6, s. 3.01; O.C. 1478-82, s. 3; O.C. 1384-99, s. 4.

3.02. The standard workweek shall be 40 hours, scheduled over 6 consecutive days within one calendar week from Sunday to Saturday inclusively.

R.R.Q., 1981, c. D-2, r. 6, s. 3.02; O.C. 1478-82, s. 3; O.C. 1384-99, s. 4.

3.03. The meal period shall be 60 continuous minutes. The employer may set a shorter meal period, but such period shall be a minimum of 30 minutes.

R.R.Q., 1981, c. D-2, r. 6, s. 3.03; O.C. 1478-82, s. 3; O.C. 1148-85, a. 2; O.C. 1384-99, s. 5.

3.04. The employer shall grant the employee a 15-minute rest period with pay to be taken towards the middle of his first 4 hours of work and another one to be taken towards the middle of the following 4 hours of work.

R.R.Q., 1981, c. D-2, r. 6, s. 3.04; O.C. 1478-82, s. 3; O.C. 1148-85, s. 2.

3.05. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 3.05; O.C. 1478-82, s. 3; O.C. 1148-85, s. 3; O.C. 1384-99, s. 6.

3.06. The employee shall receive his regular wages from the moment he reports to work at the request of his employer and during the time spent waiting for instructions, travelling or performing other duties requested of him. Such time is considered as part of the standard workday.

R.R.Q., 1981, c. D-2, r. 6, s. 3.06; O.C. 1478-82, s. 3.

3.07. Except for a fortuitous event that prevents the work, an employee is entitled to a minimum indemnity of 4 consecutive hours of pay at his minimum hourly rate for each day that he reports to work, unless the employer or his representative gives him a previous notice not to report to work.

However, the employee shall be paid only for hours worked when he quits his work of his own will. In this last case, the employer shall mention this fact on the employee’s punch card. To complete the minimum wage base of 4 consecutive hours of pay, the employer may have the employee perform any work covered by the Decree.

When there is a snowstorm or weather forecast to this effect, the employee shall call his employer before reporting to work to check whether or not he must report to work. If not, or when there is no one to answer calls, he is not entitled to wages.

R.R.Q., 1981, c. D-2, r. 6, s. 3.07; O.C. 1478-82, s. 3; O.C. 2646-84, s. 5; O.C. 1384-99, s. 7.

3.08. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 3.08; O.C. 1478-82, s. 3; O.C. 1384-99, s. 8.

3.09. The employee who returns to work within the 3 hours following his regular work period is entitled to a minimum of 3 hours paid at time and a half.

R.R.Q., 1981, c. D-2, r. 6, s. 3.09; O.C. 1478-82, s. 3.

DIVISION 4.00 Overtime hours

4.01. Hours worked over 12 hours per day or over 40 hours per week are overtime hours.

R.R.Q., 1981, c. D-2, r. 6, s. 4.01; O.C. 1478-82, s. 3; O.C. 1712-94, s. 1; O.C. 1384-99, s. 9.

4.02. Overtime hours are paid at time and a half the employee’s regular hourly wage, except for premiums established on an hourly basis.

R.R.Q., 1981, c. D-2, r. 6, s. 4.02; O.C. 1478-82, s. 3; O.C. 1384-99, s. 9.

4.03. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 4.03; O.C. 1478-82, s. 3; O.C. 2639-83, s. 4; O.C. 1712-94, s. 2; O.C. 1384-99, s. 10.

4.04. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 4.04; O.C. 1478-82, s. 3; O.C. 2639-83, s. 4; O.C. 1998-88, s. 3; Erratum, 1989 G.O. 2, 313; O.C. 1712-94, s. 3; O.C. 1384-99, s. 10.

4.05. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 4.05; O.C. 1478-82, s. 3; O.C. 1712-94, s. 4; O.C. 1384-99, s. 10.

DIVISION 5.00 Hourly wage rates

5.01. Minimum hourly rates are the following for each job classification listed below :

Job classification                                         Hourly rate

a) helper                                                    $10.75

b) driver                                                    $13.50

c) truck driver                                              $14.50

d) tractor driver                                            $15.00

e) towmotor operator                                         $14.50

f) dockman                                                   $12.85

R.R.Q., 1981, c. D-2, r. 6, s. 5.01; O.C. 1478-82, s. 3; O.C. 2639-83, s. 5; O.C. 1148-85, s. 4; O.C. 1998-88, s. 4; O.C. 354-92, s. 5; O.C. 1297-93, s. 1; O.C. 1712-94, s. 5; O.C. 1384-99, s. 11; O.C. 1405-2002, s. 1.

5.02. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.02; O.C. 1478-82, s. 3; O.C. 354-92, s. 5; O.C. 1384-99, s. 12.

5.03. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.03; O.C. 1478-82, s. 3; O.C. 1384-99, s. 12.

5.04. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.04; O.C. 1478-82, s. 3; O.C. 354-92, s. 6; O.C. 1384-99, s. 12.

5.05. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.05; O.C. 1478-82, s. 3; O.C. 354-92, s. 6; O.C. 1384-99, s. 12.

5.06. When, for less than 1 day, an employee is assigned to work at a wage higher than his usual wage, he shall receive the higher wage for all hours worked during such assignment. When an employee is assigned to work at a wage lower than his usual wage, he receives no reduction in his wages, except when this assignment is made to avoid a lay off.

R.R.Q., 1981, c. D-2, r. 6, s. 5.06; O.C. 1478-82, s. 3.

5.07. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.07; O.C. 1478-82, s. 3; O.C. 354-92, s. 7.

5.08. (1)  When an employee is required to sleep away from his residence in the performance of his duties, his stop-over expenses shall be calculated from the time of his departure until his return as follows:

(a)  room: $25;

(b)  breakfast: $4;

(c)  lunch: $7.50;

(d)  dinner: $8.50.

Upon presentation of a receipt, the employer shall also reimburse the employee for room costs in excess of $25 paid by the latter.

(2)  (paragraph revoked);

(3)  (paragraph revoked);

(4)  (paragraph revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.08; O.C. 1478-82, s. 3; O.C. 1148-85, s. 5; O.C. 354-92, s. 8; O.C. 1384-99, s. 13; O.C. 983-2001, s. 3.

5.09. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.09; O.C. 1478-82, s. 3; O.C. 1384-99, s. 14.

5.10. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 5.10; O.C. 1478-82, s. 3; O.C. 1384-99, s. 14.

5.11. The employee who, during the performance of his duties, remains outside of his residence on a holiday, his weekly day of rest, or due to a fortuituous event, is entitled to a minimum indemnity equal to his standard workday at his minimum hourly rate.

R.R.Q., 1981, c. D-2, r. 6, s. 5.11; O.C. 1478-82, s. 3; O.C. 1384-99, s. 15.

5.12. Upon termination of his employment an employee is entitled to his complete wages and the vacation pay owing to him within the 5 working days following the date his employment was terminated.

If the employer dismisses an employee who is outside the terminal, he shall have the employee return to the terminal but without compensation for expenses or wages as of the moment of dismissal.

R.R.Q., 1981, c. D-2, r. 6, s. 5.12; O.C. 1478-82, s. 3.

5.13. The employee who is summoned to be present in court in a case involving his employer shall receive his regular wage for any time lost, provided that the case does not involve the employee’s responsibility, or that it is not a complaint within the meaning of the Decree, or a complaint or a grievance within the meaning of the collective agreement covering him.

R.R.Q., 1981, c. D-2, r. 6, s. 5.13; O.C. 1478-82, s. 3; O.C. 354-92, s. 9.

5.14. The employer shall pay the employee doing jury duty an amount equal to his minimum hourly wage rate, multiplied by the number of standard hours he would normally have worked during this absence, less the indemnity he receives from the Government as a juror.

R.R.Q., 1981, c. D-2, r. 6, s. 5.14; O.C. 1478-82, s. 3.

5.15. Each week, wages shall be paid either by cheque on the Thursday, or in cash on the Friday at the latest. When payday falls on a holiday, wages shall be paid the day before. If the employee must wait after the end of his workday to have his pay, he shall receive his minimum hourly wage for each hour he waits.

R.R.Q., 1981, c. D-2, r. 6, s. 5.15; O.C. 1478-82, s. 3.

5.16. Wages shall be paid completely at each pay period in a sealed envelope and the following particulars shall appear on the envelope, the cheque stub or on a separate earnings statement:

(a)  the employer’s name;

(b)  the employee’s complete name;

(c)  the employee’s job classification;

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

(e)  the number of hours paid at the regular rate;

(f)  the number of hours paid at time and a half;

(g)  the number of hours paid at double time;

(h)  the nature and amount of the premiums, indemnities or allowances paid;

(i)  the wage rate;

(j)  the gross amount of wages;

(k)  the nature and amount of deductions made;

(l)  the amount of net wages.

R.R.Q., 1981, c. D-2, r. 6, s. 5.16; O.C. 1478-82, s. 3; O.C. 1712-94, s. 6.

5.17. An employer may deduct money from the employee’s wages only when he is compelled by a law, a regulation, an order given by a Court, a collective agreement or when he is authorized in writing by the employee.

R.R.Q., 1981, c. D-2, r. 6, s. 5.17; O.C. 1478-82, s. 3.

5.18. Any employee duly registered as a voter shall be given, without a loss in wages, at the minimum hourly rate, time off on voting day to vote in municipal, provincial or federal elections, subject to the Act.

O.C. 1478-82, s. 3; O.C. 983-2001, s. 5.

DIVISION 6.00 General Holidays

6.01. The following days are statutory general holidays : 1 January, Good Friday, the Monday preceding 25 May, 1 July, the first Monday in September, the second Monday in October and 25 December.

The holiday on Good Friday may be substituted by that of Easter Monday, at the option of the employer, for all or part of his employees.

R.R.Q., 1981, c. D-2, r. 6, s. 6.01; O.C. 1478-82, s. 3; O.C. 1712-94, s. 7; O.C. 1384-99, s. 16; O.C. 983-2001, s. 6.

6.02. Under the National Holiday Act (chapter F-1.1), 24 June shall be a general holiday with pay.

R.R.Q., 1981, c. D-2, r. 6, s. 6.02; O.C. 1478-82, s. 3; O.C. 1712-94, s. 7.

6.03. When a holiday falls on a non-working day, the celebration shall be postponed to the working day following or preceding this holiday unless there is written agreement between the employer and a majority of his governed employees to postpone this holiday to another date. A copy of this agreement shall be forwarded to the parity committee in advance.

R.R.Q., 1981, c. D-2, r. 6, s. 6.03; O.C. 1478-82, s. 3.

6.04. When a holiday falls on a Tuesday, Wednesday or Friday, it may be carried over to the Monday or Friday following or preceding the holiday, after agreement between the employer and a majority of his governed employees. A copy of this agreement shall be forwarded to the parity committee in advance.

R.R.Q., 1981, c. D-2, r. 6, s. 6.04; O.C. 1478-82, s. 3.

6.05. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 6.05; O.C. 1478-82, s. 3; O.C. 2639-83, s. 6; O.C. 1148-85, s. 6; O.C. 1712-94, s. 8; O.C. 1384-99, s. 17.

6.06. (1)  Where a holiday coincides with a working day for an employee, the employer shall pay the employee an indemnity equal to the average of his daily wage for days worked during the complete pay period preceding such holiday, without considering overtime hours.

(2)  For Good Friday, the Monday preceding 25 May, 1 July, the first Monday in September and the second Monday in October, the employee receives the indemnity provided for in paragraph 1, provided that:

(a)  he has been in his employer’s service for the 30 days preceding the holiday;

(b)  he has worked at least 1 day during these 30 days;

(c)  he has been available during the standard workday preceding and following the holiday unless for a serious reason, proof of which lies with the employee and must be submitted within the 5 working days following the holiday, or unless the holiday is included in his vacation period.

(3)  For 1 January and 25 December, the employee shall receive the indemnity provided for in paragraph 1, on the following conditions:

(a)  he has been in the service of his employer for the 30 days preceding the holiday;

(b)  he has worked 10 days during those 30 days;

(c)  he has been available for the standard workday preceding and following the holiday, unless a fortuitous event occured for which proof lies with the employee and must be submitted to the employer within the 5 days following the holiday, unless that day is included in his annual vacation.

(4)  The employee who receives an indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or any insurance plan on the date of the holiday is not entitled to the indemnity provided for in this section.

R.R.Q., 1981, c. D-2, r. 6, s. 6.06; O.C. 1478-82, s. 3; O.C. 1148-85, s. 6; O.C. 1712-94, s. 9; O.C. 1384-99, s. 18; O.C. 983-2001, s. 7.

6.07. Hours worked on a holiday are paid at double time with a minimum of 4 consecutive hours paid at double time.

R.R.Q., 1981, c. D-2, r. 6, s. 6.07; O.C. 1478-82, s. 3; O.C. 1384-99, s. 19.

6.08. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 6.08; O.C. 1478-82, s. 3; O.C. 1384-99, s. 20.

6.09. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 6.09; O.C. 1478-82, s. 3; O.C. 1998-88, s. 5; O.C. 1712-94, s. 10.

6.10. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 6.10; O.C. 1478-82, s. 3; O.C. 1712-94, s. 10.

DIVISION 7.00 Annual vacation with pay

7.01. The qualifying period shall extend from 1 May of the preceding year to 30 April of the current year.

R.R.Q., 1981, c. D-2, r. 6, s. 7.01; O.C. 1478-82, s. 3.

7.02. The employee who, on 1 May, has less than 1 year of continuous service with the same employer, shall receive 1 working day of paid vacation for each month of continuous service, up to a maximum of 2 weeks. The vacation pay shall be 4% of the employee’s wages as of his hiring date until 30 April of the current year.

R.R.Q., 1981, c. D-2, r. 6, s. 7.02; O.c. 1478-82, s. 3.

7.03. The employee who, on 1 May, has 1 year of continuous service with the same employer, shall receive 2 weeks of paid vacation. The vacation pay shall be 4% of the employee’s earnings during the qualifying period.

He 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 3 weeks.

Such additional leave need not follow immediately the 2-week annual leave with pay. However, it may not be divided, or be replaced by a compensory indemnity.

R.R.Q., 1981, c. D-2, r. 6, s. 7.03; O.C. 1478-82, s. 3; O.C. 983-2001, s. 8.

7.04. The employee who, on 1 May, has 5 years of continuous service with the same employer, shall receive 3 weeks of paid vacation. The vacation pay shall be equal to 6% of the employee’s earnings during the qualifying period.

R.R.Q., 1981, c. D-2, r. 6, s. 7.04; O.C. 1478-82, s. 3.

7.05. The employee who, on 1 May, has 12 years of continuous service with the same employer, shall receive 4 weeks of paid vacation. The vacation pay shall be equal to 8% of the employee’s earnings during the qualifying period.

R.R.Q., 1981, c. D-2, r. 6, s. 7.05; O.C. 1478-82, s. 3; O.C. 1384-99, s. 21.

7.06. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 7.06; O.C. 1478-82, s. 3; O.C. 1148-85, s. 7; O.C. 1384-99, s. 22.

7.07. (1)  The employee who completes his fifth or twelfth year of uninterrupted service, after 1 May of the current year, is entitled to additional paid vacation days, determined as follows:

(a)  4 days, if the hiring date is in May or June;

(b)  3 days, if the hiring date is in July or August;

(c)  2 days, if the hiring date is in September or October;

(d)  1 day, if the hiring date is in November or December.

(2)  The employee must take the additional days specified in subsection 1 after the anniversary date of his fifth or twelfth year of uninterrupted service. The remuneration for each additional day of paid vacation is 0.4% of the employee’s total earnings, including the annual vacation pay, for the period included between 1 May of the preceding year and 30 April of the current year.

R.R.Q., 1981, c. D-2, r. 6, s. 7.07; O.C. 1478-82, s. 3; O.C. 354-92, s. 11; O.C. 983-2001, s. 9.

7.08. Description of the annual vacation with pay:

(1)  The first 2 weeks of paid vacation shall be consecutive.

(2)  The employee shall be entitled to take his first 2 weeks of paid vacation during the summer, unless too many employees in a same category choose the same period. In such a case, the employee shall choose another period between 1 April and 31 December, or any other date agreed upon between the employer and the employee. For the purposes of this Decree summer months are June, July and August.

(3)  The third, fourth and fifth weeks of paid vacation may be granted outside of summer months.

(4)  Following agreement between the employer and the employee, all weeks of paid vacation may be taken consecutively at any time of the year.

R.R.Q., 1981, c. D-2, r. 6, s. 7.08; O.C. 1478-82, s. 3; O.C. 354-92, s. 10.

7.09. The vacation pay shall be payable in one payment only, before the employee leaves on vacation, pursuant to sections 5.15 and 5.16.

R.R.Q., 1981, c. D-2, r. 6, s. 7.09; O.C. 1478-82, s. 3.

7.10. When an employee is absent from his work because of an accident, sickness or maternity leave, he shall not be considered as being on annual vacation.

R.R.Q., 1981, c. D-2, r. 6, s. 7.10; O.C. 1478-82, s. 3; Erratum, 1982 G.O. 2, 2723, s. 2.

7.11. The expression employee’s earnings shall include the annual vacation pay.

R.R.Q., 1981, c. D-2, r. 6, s. 7.11; O.C. 1478-82, s. 3.

7.12. (Revoked).

O.C. 1478-82, s. 3; O.C. 354-92, s. 12.

7.13. If an employee is absent from work because of an accident or sickness during the reference year and if his annual vacation pay is reduced because of such absence, he is then entitled to the highest amount between the annual vacation pay or the compensation calculated as follows:

(1)  up to 5 years of uninterrupted service: twice the weekly average of the wages earned during the period worked;

(2)  from 5 to 15 years of uninterrupted service: 3 times the weekly avarage of the wages earned during the period worked;

(3)  after 15 years of uninterrupted service: 4 times the weekly average of the wage earned during the period worked.

An employee with less than 1 year of service whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to his account.

O.C. 1998-88, s. 7; O.C. 354-92, s. 13; O.C. 1712-94, s. 11.

7.14. Subject to section 6.06, where a general holiday with pay provided for in section 6.01 falls during the employee’s annual vacation, the employer shall grant him an additional day of vacation.

The employer shall give the employee written notice, 7 working days prior to the beginning of the employee’s vacation, to take that additional day at the beginning or at the end of his annual vacation period. Should the employer fail to give the notice within the prescribed period, the employee may take that additional day at a time that is convenient for him.

O.C. 1712-94, s. 12.

DIVISION 8.00 Miscellaneous provisions

8.01. When an employer obliges his employee to wear a uniform, such uniform shall be supplied. The employer shall supply his employees with the equipment required for occupational health and safety in accordance with the Act respecting occupational health and safety (chapter S-2.1) and with any regulation adopted under this Act.

R.R.Q., 1981, c. D-2, r. 6, s. 8.01; O.C. 1478-82, s. 3.

8.02. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 8.02; O.C. 1478-82, s. 3; O.C. 1148-85, s. 8; O.C. 1998-88, s. 9; O.C. 65-89, s. 1; O.C. 354-92, s. 14; O.C. 1712-94, s. 13; O.C. 1384-99, s. 23.

8.02.1. (Revoked).

O.C. 1148-85, s. 8; O.C. 1998-88, s. 9; O.C. 65-89, s. 1; O.C. 354-92, s. 15; O.C. 1384-99, s. 23.

8.03. (Revoked).

R.R.Q., 1981, c. D-2, r. 6, s. 8.03; O.C. 1478-82, s. 3; O.C. 1384-99, s. 23.

8.04. Bereavement, birth or adoption leaves:

(1)  Upon the death of his consort, the employee is entitled to be absent from work, without loss of wages, for 5 consecutive days on which he would normally have worked. That leave shall be extended, at the request of the employee, by 5 working days without wages.

(2)  Upon the death of an employee’s mother, father, child, sister or brother, stepmother of stepfather, or of the mother or father of his consort, the employee is entitled to be absent from work for 3 consecutive days on which he would normally have worked, without loss of wages. This leave is extended at the request of the employee for 2 working days without pay.

(3)  On the occasion of the death of the child of his consort, the employee shall be entitled to a leave of 1 working day paid at the standard hourly wage. Upon the employee’s request, this leave is extended by 3 working days, without pay.

(4)  Upon the death of his grandmother or grandfather, sister-in-law or brother-in-law, or of the sister or brother of his consort, the employee shall be entitled to be absent from work without loss of wages, for 1 day on which he would normally have worked. That leave may be extended upon the request of the employee for 2 working days without pay.

(5)  Upon the death of a son-in-law or daughter-in-law, or one of his grandchildren, the employee shall be entitled to be absent from work for 1 day without pay.

(6)  An employee may be absent from work for 5 days at the birth of his child or the adoption of a child. The first 2 days of absence shall be remunerated at the standard hourly wage 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 consort may be absent from work for only 2 days without pay.

(7)  Where an absence from work, without loss of wages, provided for in this section falls during the annual vacation of the employee, the employer shall grant the employee an additional day of vacation for each day of absence. Such day shall be taken immediately following the annual vacation period of the employee.

R.R.Q., 1981, c. D-2, r. 6, s. 8.04; O.C. 1478-82, s. 3; O.C. 1148-85, s. 9; O.C. 354-92, s. 16; O.C. 1712-94, s. 14.

8.05. The employer shall use a punch-clock or a time sheet on which the employee shall sign every day.

R.R.Q., 1981, c. D-2, r. 6, s. 8.05; O.c. 1478-82, s. 3.

8.06. When his wages or his severance pay are paid, no signature is required other than that establishing that the amount remitted to the employee is the amount of net wages indicated on the earnings statement.

Acceptance by the employee of an earnings statement does not mean that he renounces complete or partial payment of the wages owing to him.

O.C. 1478-82, s. 3.

8.07. Despite any other provision of this Decree, the employer shall grant any employee conditions at least equal to those provided for in the Act respecting labour standards (chapter N-1.1) or in any regulations adopted under this Act.

O.C. 1478-82, s. 3.

DIVISION 9.00 Social security

9.01. The group insurance plan adopted by the contracting parties is administered by the Comité paritaire du camionnage de la région de Montréal.

The monthly premium is paid in part by the employer and in part by the employees.

The monthly premium payable by the employer for each insurable employee in the plan is $155 and the monthly premium payable by each insurable employee is $121.49 to which an amount corresponding to 50% of the increase required by the insurer is added, respectively, for 2011.

For each subsequent increase, the monthly premium is determined in accordance with the third paragraph by replacing the amounts of $155 and $121.49 by the amounts of the premium calculated pursuant to the third paragraph. The monthly premiums payable by the employer and by each employee may not exceed $200 and $160, respectively.

For the insurable employee who works less than 40 hours during the month and receives less than $500, the monthly premium payable by the employer for the employee is $145.93 and the monthly premium payable by the employee is $38.94 to which an amount corresponding to 50% of the increase required by the insurer is added, respectively, for 2011.

For each subsequent increase, the monthly premium is determined in accordance with the fifth paragraph by replacing the amounts of $145.93 and $38.94 by the amounts of the premium calculated pursuant to the fifth paragraph.

R.R.Q., 1981, c. D-2, r. 6, s. 9.01; O.C. 1478-82, s. 3; O.C. 2646-84, s. 6; O.C. 1148-85, s. 10; O.C. 1998-88, s. 10; O.C. 354-92, s. 17; O.C. 1712-94, s. 15; O.C. 1405-2002, s. 2; O.C. 759-2011, s. 1.

9.02. The employer shall:

(a)  have employees complete membership cards;

(b)  notify the parity committee of any change in wages, civil status or beneficiary by the employee;

(c)  supply the employee with the necessary claim forms;

(d)  immediately notify the parity committee of an employee’s absence or return to work;

(e)  collaborate to obtain medical certificates that might be required;

(f)  collaborate in checking claims;

(g)  prepare a monthly report indicating the amount of the insurance premiums paid by him and by his employees and forward it to the parity committee, together with the premiums, no later than the 15th of the following month.

R.R.Q., 1981, c. D-2, r. 6, s. 9.02; O.C. 1478-82, s. 3; O.C. 2639-83, s. 7; O.C. 2646-84, s. 7; O.C. 1998-88, s. 11; O.C. 354-92, s. 18; O.C. 1712-94, s. 16.

9.03. The employee shall undergo any medical test required by the employer and the latter shall pay the costs of such test.

R.R.Q., 1981, c. D-2, r. 6, s. 9.03; O.C. 1478-82, s. 3.

9.04. When the employer makes an appointment for the medical test mentioned in section 9.03 during the employee’s standard work period or beyond, the employee receives his minimum hourly wage for the time spent undergoing the test.

R.R.Q., 1981, c. D-2, r. 6, s. 9.04; O.C. 1478-82, s. 3; O.C. 1148-85, s. 11.

9.05. The employee who suffers from an accident in the course of his work shall have no loss in his wages on the day of the accident for any time lost because of this accident, unless the Commission de la santé et de la sécurité du travail gives him an indemnity for that day in accordance with the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

R.R.Q., 1981, c. D-2, r. 6, s. 9.05; O.C. 1478-82, s. 3; O.C. 354-92, s. 19.

9.06. (Revoked).

Revoked.

R.R.Q., 1981, c. D-2, r. 6, s. 9.06; O.C. 1478-82, s. 3; O.C. 1124-87, s. 49; O.C. 983-2001, s. 10.

9.07. As soon as an employer is required to pay a premium for the collective insurance plan provided for in this Decree, he may stop contributing to any other insurance plan.

O.C. 1478-82, s. 3.

DIVISION 10.00 Complementary pension plan

10.01. At each pay period, the employer shall collect the compulsory employee contributions to the complementary pension plan adopted by the contracting parties to the Decree and approved in accordance with the Supplemental Pension Plans Act (chapter R-15.1). This pension plan is administered by the parity committee.

R.R.Q., 1981, c. D-2, r. 6, s. 10.01; O.C. 1478-82, s. 3; O.C. 434-83, s. 1; O.C. 354-92, s. 20.

10.02. The obligatory contribution of employees, for each hour worked, is $0.65.

R.R.Q., 1981, c. D-2, r. 6, s. 10.02; O.C. 1478-82, s. 3; O.C. 434-83, s. 1; O.C. 2639-83, s. 8; O.C. 1998-88, s. 12; O.C. 1163-89, s. 1; O.C. 354-92, s. 21; O.C. 1712-94, s. 17; O.C. 1405-2002, s. 3; O.C. 1034-2003, s. 1.

10.03. The obligatory contribution of employers, for each hour worked, is $0.75.

O.C. 1478-82, s. 3; O.C. 434-83, s. 1; Erratum, 1983 G.O. 2, 1651; O.C. 2639-83, s. 8; O.C. 1998-88, s. 12; O.C. 1163-89, s. 2; O.C. 354-92, s. 22; O.C. 1712-94, s. 17; O.C. 1405-2002, s. 3; O.C. 1034-2003, s. 1.

10.04. The employer shall remit to the parity committee the contributions payable by his employees and himself on the 15th of the month at the latest, following the check-off of these contributions.

O.C. 1478-82,s. 3; O.C. 434-83, s. 1.

10.05. The employer may contribute to any other supplemental pension plan, only if he first pays the contributions provided in this Decree.

O.C. 2639-83, s. 9.

10.06. If the employer participated in a supplemental pension plan before 30 March 1983 for his employees governed by the Decree, he may be excluded from this plan only if the plan previously in force is and continues to be more advantageous for the employees.

An independent actuary, chosen by the parity committee, shall decide if the plan provided in the preceding paragraph was and continues to be more advantageous for the employees.

O.C. 2639-83, s. 9.

DIVISION 11.00 Prior notice

11.01. Except in the case of a contract with a specific duration or for a special enterprise, an employee who has at least 3 months of continuous service with his employer shall be entitled to a written prior notice before he is dismissed or layed off for at least 6 months.

O.C. 1478-82, s. 3; O.C. 434-83, s. 1.

11.02. This prior notice shall consist of 1 week when the employee has less than 1 year of continuous service; 2 weeks when he has from 1 year to 5 years of continuous service; 4 weeks when he has from 5 to 10 years of continuous service and 8 weeks when he has 10 years of continuous service or more.

O.C. 1478-82, s. 3; O.C. 434-83, s. 1.

11.03. (Revoked).

O.C. 434-83, s. 1; O.C. 983-2001, s. 11.

11.04. (Revoked).

O.C. 434-83, s. 1; O.C. 354-92, s. 23.

DIVISION 12.00 Term of Decree

12.01. The Decree remains in force until 30 September 2006. It is automatically renewed from year to year thereafter, unless one of the contracting parties opposes it by sending a written notice to the Minister of Labour and to the other contracting party during the month of June of any subsequent year.

O.C. 434-83, s. 1; O.C. 1148-85, s. 12; O.C. 1998-88, s. 13; O.C. 354-92, s. 24; O.C. 1712-94, s. 18; O.C. 757-98, s. 2; O.C. 1384-99, s. 24; O.C. 1096-2000, s. 1; O.C. 983-2001, s. 12; O.C. 1405-2002, s. 4.

12.02. (Implicitly revoked).

O.C. 434-83, s. 1; O.C. 1148-85, s. 12; O.C. 354-92, s. 24; O.C. 1712-94, s. 18; O.C. 1405-2002, s. 4.

REFERENCES

R.R.Q., 1981, c. D-2, r. 6

O.C. 1478-82, 1982 G.O. 2, 1844 and 2723; Suppl. 405

O.C. 434-83, 1983 G.O. 2, 1200 and 1651

O.C. 2639-83, 1983 G.O. 2, 4070

O.C. 2646-84, 1984 G.O. 2, 4023

O.C. 1148-85, 1985 G.O. 2, 2046

S.Q. 1985, c. 6, s. 477

S.Q. 1986, c. 89, s. 50

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

O.C. 1124-87, 1987 G.O. 2, 3139

O.C. 1998-88, 1989 G.O. 2, 48 and 313

O.C. 65-89, 1989 G.O. 2, 554

O.C. 1163-89, 1989 G.O. 2, 3062

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

O.C. 354-92, 1992 G.O. 2, 1756

O.C. 1297-93, 1993 G.O. 2, 5227

O.C. 1712-94, 1994 G.O. 2, 4526

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

O.C. 1384-99, 1999 G.O. 2, 4615

O.C. 1096-2000, 2000 G.O. 2, 4592

O.C. 983-2001, 2001 G.O. 2, 4892

O.C. 1405-2002, 2002 G.O. 2, 6261

O.C. 1034-2003, 2003 G.O. 2, 3141

O.C. 759-2011, 2011 G.O. 2, 1635