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Frequently Asked Questions



5 questions
  • 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.
  • 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.
  • 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.
  • Does an employer have to establish a VRSP if some of their workers have the option of contributing to a pension plan or a TFSA?

    If a TFSA, an RRSP (registered retirement savings plan) or an RPP (registered pension plan) is offered in the company, the employer is obliged to offer a VRSP to eligible employees who cannot contribute to the TFSA, RRSP or RPP.