Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division I - Civil recourses (Section 98 to 121)
Where it exercises the recourses provided for in sections 112 and 113, the Commission may claim, in addition to the amount due under this act or a regulation, an amount equal to 20% of such amount. This additional amount of 20% belongs entirely to the Commission.
Rate of interest
The amount due to the employee bears interest at the rate fixed under section 28 of the Tax Administration Act (chapter A-6.002), from the sending of the demand notice under section 111.
1979, c. 45, s. 114; 1990, c. 73, s. 51; 2008, c. 30, s. 7; 2010, c. 31, s. 175.
The claiming of this lump-sum amount does not constitute an offence of a penal nature and does not give rise to an offence. The mere exercise by the Commission of the recourse on behalf of the employee grants the Commission the power to claim this 20% lump-sum amount.
This lump-sum amount will be legally due only once a judgment ordering the employer to pay it has been obtained. This amount, which belongs entirely to the Commission, serves as a source of financing authorized by the legislator.
The second paragraph stipulates that the sum owing under the Act or its regulations bears interest from the putting in default. This paragraph refers to the rate set under section 28 of the Tax Administration Act (chapter A-6.002). However, through the interplay of the general provisions in the matter of civil claims, such as articles 1565, 1595 and 1617 of the Civil Code of Québec, the interest on the lump-sum amount of 20% is calculated from the summons within the meaning of the Code of Civil Procedure of Québec.