Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division IV - Annual leave with pay (Section 66 to 77)
Payment of the indemnity
Subject to a provision of a collective agreement or decree, the indemnity pertaining to the annual leave of an employee must be paid to him in a lump sum before the beginning of the leave or in the manner applicable for the regular payment of his wages.
However, where it is warranted by the seasonal or otherwise intermittent activities of an employer, the indemnity may be added to his wages and be paid in the same manner.
1979, c. 45, s. 75; 1990, c. 73, s. 27; ; 2002, c. 80, s. 24.
Section 75 exceptionally allows an employer whose activities are seasonal or otherwise intermittent to add the indemnity pertaining to the annual leave of an employee to the employee’s wages. See interpretation of “seasonal or intermittent” used in section 84.0.3 ALS.
The payment of the indemnity for the annual leave on a basis other than that stipulated here is an offence of a penal nature, not giving rise to a civil claim (the employee having received the indemnity).