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National Holiday Act Chapter F-1.1

Chapter F-1.1

Section 5

Compensatory holiday

In any establishment or service where, by reason of the nature of its activities, work is not interrupted on the 24th of June, the employer, in addition to paying to the employee working on the 24th of June the wages for the work done, must pay to such employee an indemnity provided for in section 4, or grant him a compensatory holiday of one day. In the latter case, the holiday must be taken on the working day preceding or following the 24th of June.

1978, c. 5, s. 5; 1979, c. 45, s. 166.

Interpretation

Whereas in principle the 24th of June is a statutory public holiday for all working employees, this provision grants employees who must work on the 24th of June by reason of the nature of the activities of the undertaking entitlement to the wages for that day and to the indemnity provided for in section 4 NHA. If the employee does not report to work when he is required to do so, he will not be able to benefit from the advantages conferred by this section.

When an employee must work on the 24th of June by reason of the nature of the activities of the undertaking, the employer must pay him the wages corresponding to the work done and the indemnity provided for in section 4 NHA. In place of this indemnity, the employer can grant a compensatory leave of one day that must be taken on the working day preceding or following the 24th of June. The choice of paying the indemnity or granting the compensatory leave is at the option of the employer.

Moreover, this leave must be of one day, whatever the indemnity that the employee would have received under section 4 NHA.

An undertaking cannot interrupt its activities if this situation goes against the very nature of these activities or produces a result that truly has an adverse effect on the smooth operation of the undertaking.

For example, businesses of the hotel or restaurant sector cannot, by reason of the nature of their activities, interrupt services on the 24th of June. The same is true for a foundry where starting up machinery after a shutdown requires a great deal of time. As for convenience stores, since they are businesses which, by their very nature, offer "convenience" services, their activities do not have to be interrupted.

It should be mentioned that retailers or businesses offering pool-related services can interrupt their activities.