D-2, r. 6 - Decree respecting the automotive services industry in the Arthabaska, Granby, Sherbrooke and Thetford Mines regions

À jour au 13 septembre 2017

Ce document a valeur officielle.

chapter D-2, r. 6

Decree respecting the automotive services industry in the Arthabaska, Granby, Sherbrooke and Thetford Mines regions

Act respecting collective agreement decrees

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

R.R.Q., 1981, c. D-2, r. 42; O.C. 1390-99, s. 1; O.C. 101-2001, s. 1.

DIVISION 1.00 Definitions

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

(1)  “apprentice”: employee who learns one of the trades for which the parity committee issues a qualification certificate;

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

(3)  “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 and who has fulfilled the necessary conditions in order to obtain the qualification certificate required by the parity committee;

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

(5)  “journeyman”: employee whose duties are related mainly to maintenance, tests, inspection, repairs, alterations 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 following trades related to the automotive industry: bodyman, bodyman-painter, painter, mechanic, machinist, electrician, welder, radiator specialist, wheel aligner and automatic transmission specialist;

(6)  “spouse”: either of 2 persons who:

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

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

(8)  “grade”: period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only those hours actually worked are taken into account in the computation of hours of experience.

(9)  “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;

(10)  “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;

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

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

(13)  “service attendant”: employee whose duties are related mainly to one or another of the following tasks:

(a)  lubricating, changing oil, applying anti-rust, balancing wheels, installing, repairing or dismantling tires, windshield wipers, headlights, filters, mufflers and radios, and installing or boosting batteries on a vehicle;

(b)  transporting customers only if he also performs other tasks governed by the Decree;

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

(14)  “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;

(15)  “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 that 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;

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

(17)  “vendors of tires and wheels”: employee who works exclusively at the counter selling vehicle tires and wheels.

R.R.Q., 1981, c. D-2, r. 42, s. 1.01; O.C. 1359-84, s. 2; O.C. 555-89, s. 1; O.C. 628-98, s. 1; O.C. 1390-99, s. 3; O.C. 755-2007, s. 1.

1.02. Names of Contracting Parties

(1)  Group representing the employer contracting party:

Corporation des concessionnaires d’automobiles de l’Estrie (C.C.A.D.E.) Inc.;

Automotive industries Association of Canada;

Association des spécialistes de pneu et mécanique du Québec (ASPMQ);

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

Association des services de l’automobile;

M.C.Q. Mouvement Carrossiers Québec;

(2)  Group representing the union contracting party:

Syndicat du secteur automobile de l’Estrie (CSN);

Fédération démocratique de la métallurgie, des mines et des produits chimiques (CSD);

Le Syndicat national des employés de l’automobile de la région de Victoriaville (CSN);

Union des employé(e)s des industries connexes local 1791.

O.C. 1390-99, s. 4; O.C. 101-2001, s. 2; O.C. 755-2007, s. 2; O.C. 393-2015, 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 governed by to the Decree is also performed.

(2)  Exclusions: 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 when done exclusively on farm machinery;

(b)  vulcanizing and recapping tires;

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

i.  in a warehouse or in a distribution centre;

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

(d)  to work involved in producing or manufacturing vehicle parts or accessories serially.

R.R.Q., 1981, c. D-2, r. 42, s. 2.01; O.C. 351-96, s. 1; O.C. 1390-99, s. 6; O.C. 755-2007, s. 3.

2.02. Territorial scope: This Decree applies to the municipalities included in the administrative regions mentioned in Schedule I.

R.R.Q., 1981, c. D-2, r. 42, s. 2.02; O.C. 1359-84, s. 3; O.C. 755-2007, s. 4.

DIVISION 3.00 Standard workweek

3.01. The standard workweek is 40 hours scheduled:

(1)  from Monday to Friday for the apprentice, journeyman, brake specialist, suspension specialist and parts assembler;

(2)  from Monday to Saturday, for the dismantler, the washer and the semiskilled worker;

(3)  over no more than 5 consecutive days for the parts clerk, the messenger, the serviceman, the pump attendant and the tire and wheel vendor;

(4)  over no more than 6 consecutive days for all the employees of an employer where the work specified in paragraph a or b 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. 42, s. 3.01; O.C. 1390-99, s. 7; O.C. 755-2007, s. 5; O.C. 370-2009, s. 1.

3.02. The standard workday is no more than 10 hours scheduled over a maximum period of 11 consecutive hours.

R.R.Q., 1981, c. D-2, r. 42, s. 3.02; O.C. 555-89, s. 2; O.C. 1390-99, s. 7.

3.02.1. 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; or

(3)  more than 50 working hours per week.

O.C. 1284-2011, s. 1.

3.03. An employee may require a rest period of up to 1 hour, without pay, for meals, and the employer cannot require that 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. 42, s. 3.03; O.C. 555-89, s. 2; O.C. 1390-99, s. 7.

3.04. (Revoked).

R.R.Q., 1981, c. D-2, r. 42, s. 3.04; O.C. 1359-84, s. 4; O.C. 555-89, s. 2; O.C. 1390-99, s. 7; O.C. 755-2007, s. 6.

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

R.R.Q., 1981, c. D-2, r. 42, s. 3.05; O.C. 1359-84, s. 4; O.C. 555-89, s. 2; O.C. 1390-99, s. 7; O.C. 755-2007, s. 7.

3.05.1. (Replaced).

O.C. 628-98, s. 2; O.C. 1390-99, s. 7.

3.06. (Replaced).

R.R.Q., 1981, c. D-2, r. 42, s. 3.06; O.C. 1390-99, s. 7.

3.07. (Replaced).

R.R.Q., 1981, c. D-2, r. 42, s. 3.07; O.C. 1390-99, 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. 42, s. 4.01; O.C. 555-89, s. 3; O.C. 1390-99, s. 7.

4.02. For the purposes of computing overtime, annual leaves and paid statutory general holidays are counted as days of work.

R.R.Q., 1981, c. D-2, r. 42, s. 4.02; O.C. 555-89, s. 3; O.C. 1390-99, s. 7.

4.03. Hours worked between 9:00 p.m. and 7:00 a.m. by employees, except for employees specified in subsection 4 of section 3.01, entail a premium of $0.70 an hour.

R.R.Q., 1981, c. D-2, r. 42, s. 4.03; O.C. 555-89, s. 3; O.C. 1390-99, s. 7; O.C. 370-2009, s. 2.

4.04. (Replaced).

R.R.Q., 1981, c. D-2, r. 42, s. 4.04; O.C. 555-89, s. 3; O.C. 1390-99, s. 7.

4.05. (Replaced).

O.C. 555-89, s. 3; O.C. 1390-99, s. 7.

4.06. (Replaced).

O.C. 628-98, s. 3; O.C. 1390-99, 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.

R.R.Q., 1981, c. D-2, r. 42, s. 5.01; Erratum, 1984 G.O. 2, 3731; O.C. 1390-99, s. 7.

5.02. An employee is deemed to be at work in the following cases:

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

(2)  during the break periods granted by the employer;

(3)  when travel is required by the employer;

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

O.C. 1390-99, s. 7; O.C. 755-2007, s. 8.

5.03. 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. 755-2007, s. 9.

DIVISION 6.00 Statutory General Holidays

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

R.R.Q., 1981, c. D-2, r. 42, Div. 6.00; O.C. 1390-99, 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, if that date falls on a Sunday, 2 July, the first Monday of September, the second Monday of October and 25 and 26 December.

R.R.Q., 1981, c. D-2, r. 42, s. 6.01; O.C. 1390-99, s. 7; O.C. 755-2007, s. 10.

6.02. To be entitled to a statutory general holiday provided for in section 6.01, an employee must not have been absent from work without the employer’s authorization or without valid cause on the first working day of the employee’s work schedule preceding or following the holiday.

R.R.Q., 1981, c. D-2, r. 42, s. 6.02; O.C. 1390-99, s. 7; O.C. 755-2007, s. 11; O.C. 1284-2011, s. 2.

6.03. For each statutory general holiday, the employer must pay an indemnity equal to 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday, excluding overtime. However, the indemnity paid to an employee remunerated in whole or in part on a commission basis must be equal to 1/60 of the wages earned during the twelve complete weeks of pay preceding the week of the holiday,

R.R.Q., 1981, c. D-2, r. 42, s. 6.03; O.C. 1359-84, s. 5; O.C. 1390-99, s. 7; O.C. 755-2007, s. 12.

6.04. An employee who must work 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.

O.C. 1390-99, 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 one day on a date agreed upon between the employer and the employee.

O.C. 1390-99, 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. 1390-99, s. 7.

6.07. The pump attendant and the washer are entitled to the holiday provided for in section 6.01 if they are not absent from work without the authorization of the employer or without valid cause, the first working day of their work schedule preceding or following the holiday.

The first paragraph does not confer any benefit on employees who would not have been entitled to remuneration on a day listed in section 6.01, except insofar as section 6.05 applies.

O.C. 1390-99, s. 7; O.C. 755-2007, s. 13.

6.08. A statutory general holiday that coincides with a non-working day for the employee may be deferred to the working day preceding or following the holiday upon agreement between the employer and the employee.

O.C. 755-2007, s. 14.

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. 42, s. 7.01; O.C. 1390-99, 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. 42, s. 7.02; O.C. 1390-99, 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.

Where the employee so requests, he is also entitled to 1 week of additional annual leave without pay.

R.R.Q., 1981, c. D-2, r. 42, s. 7.03; O.C. 1390-99, s. 7.

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. 42, s. 7.04; O.C. 1390-99, s. 7.

7.04.1. (Replaced).

O.C. 555-89, s. 4; O.C. 1390-99, 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. 42, s. 7.05; O.C. 555-89, s. 5; O.C. 1390-99, s. 7.

7.06. The annual leave must be taken within the 12 months following the end of the reference year.

Notwithstanding 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 or accident 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.

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. 42, s. 7.06; O.C. 1390-99, s. 7; O.C. 755-2007, s. 15.

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. 42, s. 7.07; O.C. 1390-99, 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 his annual leave.

R.R.Q., 1981, c. D-2, r. 42, s. 7.08; O.C. 1390-99, 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 shall correspond to the fraction of the annual leave.

O.C. 1359-84, s. 6; O.C. 1390-99, 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 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.

O.C. 1359-84, s. 6; O.C. 1390-99, s. 7.

7.11. Should an employee provided for in sections 7.03 to 7.05 be absent owing to sickness or accident or is on maternity or paternity 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.

O.C. 1390-99, s. 7; O.C. 1284-2011, s. 3.

7.12. Where an employee quits his job, 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.

O.C. 1390-99, s. 7.

7.13. No employer may reduce the annual leave of an employee or change the way 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.

O.C. 1284-2011, s. 4.

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 3 more days on such occasion.

R.R.Q., 1981, c. D-2, r. 42, s. 8.01; O.C. 1359-84, s. 7; O.C. 1390-99, s. 7.

8.02. An employee may be absent from work for 1 day, without reduction of wages, 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.

R.R.Q., 1981, c. D-2, r. 42, s. 8.02; O.C. 1390-99, 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. 1359-84, s. 8; O.C. 1390-99, s. 7.

8.04. An employee may be absent from work for 1 day, without reduction of wages, on his wedding day or of his civil union.

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

The employee must advise his employer of his absence not less than 1 week in advance.

O.C. 1390-99, s. 7; O.C. 755-2007, s. 16.

8.05. An employee may be absent from work for 5 days, by reason of the birth of his child or the adoption of a child or when a termination of pregnancy occurs beginning from the 20th 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.

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 2 days, without pay.

O.C. 1390-99, s. 7; O.C. 755-2007, s. 17.

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 its duration.

O.C. 1284-2011, s. 5.

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 as a direct result of 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 as a direct result of a criminal offence.

O.C. 1284-2011, s. 5.

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 a paternity 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. 1284-2011, s. 5.

DIVISION 9.00 Wages

9.01. The minimum hourly wage rates are as follows:

___________________________________________________________________________________

Trades             As of             As of             As of 
               13 May 2015        1 January 2016     1 January 2017
___________________________________________________________________________________

1. Apprentice:

1st year        $12.41             $12.72           $13.04              
2nd year        $13.54             $13.88           $14.23              
3rd year        $14.62             $14.98           $15.36             
4th year        $15.35             $15.74           $16.13              
___________________________________________________________________________________

2. Journeyman:

A               $22.44             $22.88           $23.34              
B               $19.36             $19.85           $20.34              
C               $17.54             $17.98           $18.43              
___________________________________________________________________________________

3. Parts Clerk:

1st year        $11.96             $12.26           $12.57              
2nd year        $12.92             $13.04           $13.36              
3rd year        $13.57             $13.91           $14.26              
4th year        $14.31             $14.67           $15.03            
A               $16.50             $16.92           $17.34              
B               $15.99             $16.39           $16.80              
C               $15.11             $15.49           $15.87              
___________________________________________________________________________________

4. Messenger:   $11.22             $11.50           $11.79              
___________________________________________________________________________________

5. Dismantler:

1st grade       $11.76             $12.05           $12.35              
2nd grade       $12.52             $12.83           $13.15              
3rd grade       $13.26             $13.60           $13.93              
___________________________________________________________________________________

6. Washer:      $11.31             $11.59           $11.88              
___________________________________________________________________________________

7. Semiskilled Worker:

1st grade       $11.76             $12.05           $12.35              
2nd grade       $12.52             $12.83           $13.15              
3rd grade       $13.26             $13.59           $13.93              
4th grade       $14.48             $14.85           $15.22              
___________________________________________________________________________________

8. Vendor of tires and wheels:

1st grade       $11.96             $12.26           $12.57              
2nd grade       $12.72             $13.04           $13.36              
3rd grade       $13.57             $13.91           $14.26              
4th grade       $14.31             $14.67           $15.03             
5th grade       $15.11             $15.49           $15.87              
6th grade       $15.99             $16.39           $16.80              
7th grade       $16.50             $16.92           $17.34              
___________________________________________________________________________________

9. Pump Attendant:

                $10.87              $11.14           $11.42              
___________________________________________________________________________________

10. Serviceman:

1st grade       $11.77             $12.06           $12.36              
2nd grade       $12.53             $12.84           $13.16              
3rd grade       $13.27             $13.61           $13.95              
4th grade       $14.04             $14.39           $14.75              
5th grade       $15.18             $15.56           $15.87              
6th grade       $16.46             $16.71           $16.96              
___________________________________________________________________________________

11. Suspension Specialist:

1st grade       $12.42             $12.73           $13.05              
2nd grade       $13.54             $13.88           $14.23              
3rd grade       $14.62             $14.98           $15.36              
4th grade       $15.35             $15.74           $16.13              
5th grade       $16.12             $16.53           $16.94              
6th grade       $17.09             $17.51           $17.95              
7th grade       $18.19             $18.65           $19.11              
___________________________________________________________________________________

12. Parts Assembler:

1st grade       $11.76             $12.05           $12.35              
2nd grade       $12.52             $12.83           $13.15              
3rd grade       $13.26             $13.60           $13.93              
4th grade       $14.04             $14.39           $14.75              
5th grade       $15.18             $15.56           $15.95              
6th grade       $16.46             $16.87           $17.29              
7th grade       $18.19             $18.65           $19.11              
___________________________________________________________________________________

R.R.Q., 1981, c. D-2, r. 42, s. 9.01; O.C. 1359-84, s. 9; O.C. 555-89, s. 6; O.C. 1390-99, s. 7; O.C. 755-2007, s. 18; O.C. 1284-2011, s. 6; O.C. 392-2015, s. 1.

9.01.1. The minimum wage provided for in the Regulation respecting labour standards (chapter N-1.1, r. 3), increased by $0.25, applies as soon as it exceeds one of the minimum hourly wage rates provided for in section 9.01.

O.C. 1284-2011, s. 6.

9.01.2. 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.

O.C. 1284-2011, s. 6.

9.02. 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 statutory general holiday, the wages are paid to the employee on the working day preceding that day.

R.R.Q., 1981, c. D-2, r. 42, s. 9.02; O.C. 1390-99, s. 7.

9.03. 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. 42, s. 9.03; O.C. 1359-84, s. 10; O.C. 555-89, s. 7; O.C. 1390-99, s. 7.

9.04. The hourly wage rates provided for in section 9.01 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.

R.R.Q., 1981, c. D-2, r. 42, s. 9.04; O.C. 1390-99, s. 7.

9.05. 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.

R.R.Q., 1981, c. D-2, r. 42, s. 9.05; Erratum, 1984 G.O. 2, 3731; O.C. 1390-99, s. 7.

9.06. 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.

R.R.Q., 1981, c. D-2, r. 42, s. 9.06; O.C. 1390-99, s. 7.

9.07. 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.

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 the sums so withheld to their intended receiver.

O.C. 1390-99, s. 7; O.C. 755-2007, s. 19.

9.08. Any gratuity or tip paid directly or indirectly by a client to an employee who provided the service belongs to the employee of right and must not be mingled with the wages that are otherwise due to the employee. The employer must pay at least the prescribed minimum wage to the employee without taking into account any gratuities or tips the employee receives.

Any gratuity or tip collected by the employer shall be remitted in full to the employee who rendered the service. The words gratuity and tip include service charges added to the patron’s bill but do not include any administrative costs added to the bill.

The employer may not impose an arrangement to share gratuities or a tip 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. 1390-99, s. 7; O.C. 755-2007, s. 20.

9.09. 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. 1390-99, s. 7.

9.10. 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. 1390-99, s. 7.

9.11. (Revoked).

O.C. 1390-99, s. 7; O.C. 1284-2011, s. 7.

DIVISION 10.00 Notice of Termination of Employment or Layoff, and Work Certificate

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

The 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.

The 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. 42, s. 10.01; O.C. 1390-99, s. 7.

10.02. Section 10.01 does not apply to an employee:

(1)  who does not have 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.

R.R.Q., 1981, c. D-2, r. 42, s. 10.02; O.C. 1390-99, s. 7.

10.03. The employer who does not give the notice prescribed in section 10.01, 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.

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

R.R.Q., 1981, c. D-2, r. 42, s. 10.03; O.C. 1359-84, s. 11; O.C. 1390-99, s. 7.

10.04. 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. 1390-99, s. 7.

DIVISION 11.00 Apprenticeship and recognition of qualification certificates

11.01. The term of apprenticeship lasts 4 years. However, at the end of the third year, any apprentice may sit for an examination which, if he is successful in it, shall entitle him to the journeyman’s certificate corresponding thereto.

R.R.Q., 1981, c. D-2, r. 42, s. 11.01.

11.02. After completing apprenticeship (48 months’ work), the apprentice shall sit for an examination before the board of examiners of the parity committee in order to obtain his journeyman’s competency certificate.

R.R.Q., 1981, c. D-2, r. 42, s. 11.02.

11.03. If the candidate fails in his examination, he is entitled to sit for a supplemental examination 9 months work after the date of the examination in which he failed, and, in the meantime he shall be given a fourth year apprenticeship certificate.

R.R.Q., 1981, c. D-2, r. 42, s. 11.03; Erratum, 1984 G.O. 2, 3731.

11.04. However, at the end of his third year, any apprentice may request to take an examination. If he passes, the apprentice is entitled to a journeyman’s competency certificate Class A, B or C, and to the wage rate provided for in this Decree.

R.R.Q., 1981, c. D-2, r. 42, s. 11.04.

11.05. An employee who holds a competency certificate for any class below Class A and who wishes to obtain a competency certificate for a higher class shall request to sit for the pertinent examination, after 9 months’ work.

R.R.Q., 1981, c. D-2, r. 42, s. 11.05.

11.06. Satisfactory proof for such 9 months’ work shall be supplied to the said committee. The employer’s monthly report and the employee’s declaration shall be considered as satisfactory proof.

R.R.Q., 1981, c. D-2, r. 42, s. 11.06.

11.07. There shall not be more than 1 apprentice for every 2 journeymen in any establishment.

However, in concerns where there is only 1 journeyman, it is permissible to have 1 apprentice. Such ratio of apprentices shall apply to all trades as a whole.

R.R.Q., 1981, c. D-2, r. 42, s. 11.07.

11.08. Apprentices who have attended an educational institution governed by the Education Act (chapter I-13.3) or who have gained experience elsewhere shall be granted credits proportionate to the length of their studies and to their examination results.

In the event of doubt as to proficiency acquired elsewhere, the parity committee may, except in the cases provided for in section 11.12, have the apprentice take an examination so as to determine his classification.

R.R.Q., 1981, c. D-2, r. 42, s. 11.08; O.C. 591-2010, s. 2.

11.09. No new apprentice shall be accepted unless he has completed his seventh year’s schooling and is at least 16 years of age.

R.R.Q., 1981, c. D-2, r. 42, s. 11.09.

11.10. The parity committee may request that any employee supply proof of his age before issuing him a competency or classification certificate or before renewing a certificate or before an examination.

R.R.Q., 1981, c. D-2, r. 42, s. 11.10.

11.11. No employer may have an apprentice work alone and no apprentice may do trade work alone; he shall always be accompanied by a competent journeyman of his trade.

R.R.Q., 1981, c. D-2, r. 42, s. 11.11.

11.12. The holder of a qualification certificate or of another form of vocational certification issued in Canada for a trade mentioned in paragraphs 3 and 5 of section 1.01, 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. 3; O.C. 986-2011, s. 1.

11.13. The hours of apprenticeship worked by an apprentice in another province or a Canadian territory, for a trade referred to in paragraphs 3 and 5 of section 1.01, must be recognized by the parity committee upon presentation of a document attesting to the hours worked. In particular, the document may be a letter or an apprenticeship booklet issued by the competent authority in matters of apprenticeship of the province or territory concerned, or a letter issued by the employer confirming the hours of apprenticeship worked by the apprentice in the employer’s enterprise.

On payment of the fees required for the issue of an apprenticeship certificate, the parity committee issues to the apprentice referred to in the first paragraph an apprenticeship certificate corresponding to the number of hours worked in another province or a Canadian territory.

O.C. 888-2017, s. 1.

DIVISION 12.00 Special Provision Applying to Certain Employees

12.01. An employee who works exclusively as a suspension specialist, parts assembly clerk or vendor of tires and wheels is entitled, depending on the length of service, to the minimum hourly rates provided in section 9.01.

R.R.Q., 1981, c. D-2, r. 42, s. 12.01; O.C. 1359-84, s. 12; O.C. 1390-99, s. 8; O.C. 755-2007, s. 21; O.C. 1284-2011, s. 8.

12.02. As of 14 December 2011, the parity committee ceases to issue cards as a brakes, chassis or differential specialist. For the holders of cards issued before that date, the advancement in step is maintained and the minimum hourly wage rate is that provided for a suspension specialist.

O.C. 370-2009, s. 3; O.C. 1284-2011, s. 9.

DIVISION 13.00 Uniforms

13.01. 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. 42, s. 13.01; O.C. 1359-84, s. 13; O.C. 628-98, s. 4; O.C. 1390-99, s. 8.

DIVISION 14.00 Duration of the Decree

14.01. The Decree remains in force until 1 January 2018. It is automatically renewed from year to year, unless the group comprising the employer contracting party or the union contracting party opposes it by sending a written notice to the Minister of Labour and to all the contracting parties comprising the other group, during the month of June 2017 or during the month of June of any subsequent year.

O.C. 1390-99, s. 8; O.C. 1284-2011, s. 10; O.C. 392-2015, s. 2.

SCHEDULE I

(s. 2.02)

Region 05: Estrie

Asbestos, Ascot Corner, Audet, Austin, Ayer’s Cliff, Barnston-Ouest, Bolton-Est, Bonsecours, Bury, Chartierville, Cleveland, Coaticook, Compton, Cookshire-Eaton, Courcelles, Danville, Dixville, Dudswell, East Angus, East Hereford, Eastman, Frontenac, Hampden, Ham-Sud, Canton d’Hatley, Municipalité d’Hatley, Kingsbury, La Patrie, Lac-Drolet, Lac-Mégantic, Lambton, Lawrenceville, Lingwick, Magog, Maricourt, Marston, Martinville, Melbourne, Milan, Nantes, Newport, North Hatley, Notre-Dame-des-Bois, Ogden, Orford, Piopolis, Potton, Racine, Richmond, Saint-Adrien, Saint-Augustin-de-Woburn, Saint-Benoît-du-Lac, Saint-Camille, Saint-Claude, Saint-Denis-de-Brompton, Sainte-Anne-de-la-Rochelle, Sainte-Catherine-de-Hatley, Sainte-Cécile-de-Whitton, Saint-Edwidge-de-Clifton, Saint-Étienne-de-Bolton, Saint-François-Xavier-de-Brompton, Saint-Georges-de-Windsor, Saint-Herménégilde, Saint-Isidore-de-Clifton, Saint-Ludger, Saint-Malo, Saint-Robert-Bellarmin, Saint-Romain, Saint-Sébastien, Saint-Venant-de-Paquette, Scotstown, Sherbrooke, Canton de Stanstead, Ville de Stanstead, Stanstead-Est, Stoke, Stornoway, Stratford, Stukely-Sud, Ulverton, Canton de Valcourt, Ville de Valcourt, Val-Joli, Val-Racine, Waterville, Weedon, Westbury, Windsor, Wotton;

Region 12: Chaudière-Appalaches

Adstock, Beaulac-Garthby, Paroisse de Disraéli, Ville de Disraéli, East Broughton, Irlande, Kinnear’s Mills, La Guadeloupe, Sacré-Coeur-de-Jésus, Saint-Adrien-d’Irlande, Sainte-Clothilde-de-Beauce, Sainte-Praxède, Saint-Évariste-de-Forsyth, Saint-Fortunat, Saint-Jacques-de-Leeds, Saint-Jacques-le-Majeur-de-Wolfestown, Saint-Jean-de-Brébeuf, Saint-Joseph-de-Coleraine, Saint-Julien, Saint-Pierre-de-Broughton, Thetford Mines;

Region 16: Montérégie

Ange-Gardien, Béthanie, Bolton-Ouest, Brigham, Brome, Bromont, Cowansville, Dunham, East Farnham, Farnham, Ville de Granby, Lac-Brome, Roxton, Roxton Falls, Roxton Pond, Saint-Alphonse-de-Granby, Saint-Césaire, Saint-Damase, Saint-Dominique, Sainte-Cécile-de-Milton, Saint-Joachim-de-Shefford, Saint-Paul-d’Abbotsford, Saint-Pie, Saint-Valérien-de-Milton, Shefford, Warden, Waterloo;

Region 17: Centre-du-Québec

Chesterville, Daveluyville, Ham-Nord, Inverness, Kingsey Falls, Laurierville, Lyster, Maddington, Notre-Dame-de-Ham, Notre-Dame-de-Lourdes, Paroisse de Plessisville, Ville de Plessisville, Princeville, Saint-Albert, Saint-Christophe-d’Arthabaska, Sainte-Anne-du-Sault, Sainte-Clothilde-de-Horton, Sainte-Élisabeth-de-Warwick, Sainte-Hélène-de-Chester, Sainte-Séraphine, Sainte-Sophie-d’Halifax, Saint-Ferdinand, Saint-Louis-de-Blandford, Saint-Norbert-d’Arthabaska, Saint-Pierre-Baptiste, Saint-Rémi-de-Tingwick, Saint-Rosaire, Saints-Martyrs-Canadiens, Saint-Valère, Tingwick, Victoriaville, Villeroy, Warwick.

O.C. 1359-84, s. 14; O.C. 1797-84, ss. 1 to 4; O.C. 1390-99, s. 9; O.C. 755-2007, s. 22; O.C. 393-2015, s. 2.

SCHEDULE II

(s. 11.12)

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

Baccalauréat                  One year of practice of       Journeyman body 
professionnel                 the trade of confirmed        repairer, Class C
Réparation des                body repairer/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. 2.

REFERENCES

R.R.Q., 1981, c. D-2, r. 42 and 1984 G.O. 2, 3731

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

O.C. 1106-82, 1982 G.O. 2, 1553; Suppl. 454

O.C. 1359-84, 1984 G.O. 2, 2055

O.C. 1797-84, 1984 G.O. 2, 3314

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

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

O.C. 555-89, 1989 G.O. 2, 1819

O.C. 351-96, 1996 G.O. 2, 1696

O.C. 628-98, 1998 G.O. 2, 2006

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

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

O.C. 1390-99, 1999 G.O. 2, 4661

O.C. 101-2001, 2001 G.O. 2, 1225

O.C. 755-2007, 2007 G.O. 2, 2530

O.C. 370-2009, 2009 G.O. 2, 1277

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

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

O.C. 1284-2011, 2011 G.O. 2, 3670A

O.C. 392-2015, 2015 G.O. 2, 823

O.C. 393-2015, 2015 G.O. 2, 825

O.C. 888-2017, 2017 G.O. 2, 2656