Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division I - Wages (Section 39.1 to 51.1)
Benefit having pecuniary value
No benefit having pecuniary value may be taken into account in computing the minimum wage.
The employee must receive at least the minimum wage. Consequently, the employer cannot deduct the pecuniary value of the benefits (room, automobile, transportation, etc.) that he provides his employee from the minimum wage that the employee receives. See the interpretation dealing with sections 85 (special clothing) and 85.1 ALS (cost of material and equipment).
However, it is important to note that the employer may take into account, when computing the wage, the value of certain benefits offered, but only on the portion of the wage which represents the difference between the amount actually earned by the employee and the minimum wage prescribed.
Meals and accommodation
Moreover, when the conditions of employment of an employee require that he reside or take his meals at the establishment or the home of his employer, the latter may charge a maximum amount of $54.93 per week for room and meals (s. 6 RLS). It should be noted that an employer cannot charge an amount for the room and meals of his domestic who resides or takes his meals at the home of this employer (s. 51.0.1 ALS).