Frequently Asked Questions

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13 questions

  • Can a statutory general holiday be moved ?

    No. The Act respecting labour standards states that statutory holidays cannot be moved to another day. An employer could not have its employees work on the statutory holiday and close on another day. The only times the Act allows a statutory holiday to be moved are :

    • when July 1 falls on a Sunday, the holiday is July 2
    • when the statutory holiday of June 24 falls on a Sunday; the vacation is then moved to June 25 only for those who do not normally work on Sundays

    A person who is required to work on a statutory holiday is entitled to be paid for the day. They are also entitled to compensation or deferred leave, at the employer's option. If the employer grants the deferred leave, the person will be entitled to a day off with pay on a date other than the statutory holiday.

  • If a strawberry or raspberry picker realizes that they have not been paid the equivalent of the minimum wage at the end of their work day, does their employer have to pay them the difference?

    Yes. But only if the state of the fields or the fruit is responsible. Otherwise, they will be paid their piecework wage.

  • Can a strawberry or raspberry producer decide to pay their workers the minimum wage instead of the piecework wage?

    No. Under the Act respecting labour standards, these workers are paid on a piecework basis. A strawberry or raspberry picker can earn more than the minimum wage depending on their output.

  • Did you know that the rules concerning minimum wage do not apply to certain categories of workers?

    They include: 

    • a student employed in a social or community non-profit organization 
    • a trainee hired within the context of a vocational training program recognized by a law 
    • a trainee hired within the context of workplace integration provided for by the Act to secure handicapped persons in the exercise of their rights   
    • a worker entirely remunerated on commission who carries out a commercial activity outside the workplace and whose working hours cannot be controlled 
    • athletes whose membership in a sports team is conditional on their continued participation in an academic program.

  • Do standards relating to statutory general holidays apply to everyone?

    No. They do not apply to :
    • a person who, under a collective agreement or decree, is entitled to at least 7 non-working days with pay in addition to the National Holiday; 
    • a non-unionized person who is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to the number provided for in the collective agreement or decree of the unionized employees of the company where they work. 

  • Is a part-time worker entitled to a statutory general holiday?

    Yes. Irrespective of their employment status, be it full time, part time, temporary, casual or on call, a part-time worker is entitled to all statutory general holidays.

  • Is a worker who is on extended sick leave, unpaid leave, parental leave, paternity leave or maternity leave entitled to an indemnity on a statutory general holiday?

    No. The worker is not entitled to a holiday or to monetary compensation, for they are not working.

  • Did you know that the payment of overtime at time and a half does not apply to certain categories of workers?

    Among the categories are:

    • a student employed by a social or community non-profit organization
    • the managerial personnel of an enterprise
    • an employee who works outside the establishment and whose working hours cannot be controlled
    • the worker assigned to canning, packaging and freezing fruits and vegetables during the harvest period
    • the employee of a fishing, fish processing or fish canning establishment
    • a farm worker
    • a worker whose exclusive function is to take care of or provide care to a child or to a sick, handicapped or aged person in that person's dwelling, including, where so required, the performance of domestic duties that are directly related to the immediate needs of that person, unless the work serves to procure profit to the employer.

  • Is a notice of termination of employment the same thing as a record of employment?

    No. A notice of termination of employment is different from a record of employment. A record of employment reports, for instance, the number of insurable hours the worker has worked.

  • Is the right to refuse to work because the worker was not informed of the work schedule 5 days in advance excluded in some sectors of activity?

    No. The nature of the worker’s duties determine whether or not they have the right to refuse to work, not the employer’s sector of activity. For example, in a snow removal company, a receptionist would have the right to refuse to work because she was not informed of her schedule 5 days in advance. However, her snow removal operator coworker could not refuse for this reason because of the nature of his work.