Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division III - Statutory general holidays and non-working days with pay (Section 59.1 to 65)
If an employee must work on one of the days indicated in section 60, the employer, in addition to paying to the employee working on that general holiday the wages for the work done, must pay to such employee the indemnity provided for in section 62, or grant him a compensatory holiday of one day. In this case, the holiday must be taken within three weeks before or after that day, unless a collective agreement or a decree provides for a longer period.
1979, c. 45, s. 63; 1981, c. 23, s. 55.
In this case, it is up to the employer to decide whether to pay the indemnity stipulated in section 62 (in addition to the wages earned by the employee during the statutory holiday) or grant a compensatory holiday. The employee cannot contest that decision. The compensatory holiday is not, however, a leave without pay and the employee must receive the indemnity of section 62 ALS for that day.
Where the employer decides to grant the compensatory holiday, that holiday must be taken within three weeks before or after the general holiday. If the compensatory holiday is granted, but outside of that period, this is a penal offence which cannot, however, lead to a civil claim.