An employer is not allowed to offer a worker an hourly wage lower than the one it pays its employees who perform the same tasks in the same establishment based solely on the worker’s employment status, for example because the worker usually works fewer hours a week. The Loi sur les normes du travail prohibits this practice among employers and personnel placement agencies (in French only).
A worker’s employment status may be, for example, full time, part time, on call, permanent or casual.
An employer could justify offering a different wage to workers who perform the same tasks in the same establishment if the distinction is based on seniority or experience, for example.
Workers may file a wage complaint if they believe their employer is paying them a lower wage than the one paid to other workers performing the same tasks in the same establishment only because of their employment status.
- Example of wage disparity
Maxime and Charles start the same job on the same day in the same establishment. Their employer pays Maxime a lower hourly wage than Charles, just because Maxime works part time, while Charles works full time.
- Example of a situation that does not constitute wage disparity
Maxime and Charles do the same job in the same establishment. Their employer pays Maxime a lower hourly wage than Charles, because Charles has more experience and seniority than Maxime does.