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)
Section 43
Payment at regular intervals
Wages must be paid at regular intervals of not over sixteen days, or one month in the case of managerial personnel or of workers contemplated in subparagraphs i, ii, and iii of paragraph 10 of section 1. However, any amount in excess of the regular wages, such as a bonus or premium for overtime, earned during the week preceding payment of the wages may be paid with the subsequent regular payment or, where that is the case, at the time prescribed by a particular provision of a collective agreement or decree.
Exception
Notwithstanding the first paragraph, an employer may pay an employee within one month following the commencement of his employment.
1979, c. 45, s. 43; 1990, c. 73, s. 14.
-
Interpretation
-
The aim of this section is not to set payment intervals at 16 days, but rather to establish a maximum period separating two successive payments.
For example, in the case of an employee paid every Thursday and who was to quit his job on Wednesday, his employer would have until the following Thursday to pay the wages owed. After that period, the Commission des normes du travail would have the power to claim the amount owed.
As for the payment of overtime, premiums or any other amount exceeding the regular wage earned during the week preceding the payment of the wage, an employer can take advantage of a longer payment period. Indeed, these amounts may be paid at the time of the next regular payment of wages.