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11 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.

  • 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.
  • What are the criteria for calculating the number of eligible workers in a company that has several places of business?

    The number must be calculated based on the legal form of the company  :
    • Franchises: Count the number of eligible workers in each franchise, since they have different employers 
    • Employer with a single Québec enterprise number (NEQ) but who manages several places of business: Count the total number of eligible workers in all the places of business 
    • Employer whose head office is outside Québec: Count the number of eligible workers in the places of business in Québec only, depending on the legal form of the company. 
  • What are the possible consequences if an employer does not comply with their obligations under the Voluntary Retirement Savings Plans Act?

    A complaint may be filed against the employer with the CNESST. If the complaint leads to criminal proceedings, the employer may be liable for a fine of $500 to $10 000 for failing to offer a VRSP or a fine of $600 to $1200 in other cases under the CNESST’s jurisdiction. Fines are doubled in the event of a repeat offence.