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Legal holidays: Easter and May 21st

Every employee of the building service industry is entitled to these two paid holidays: one for Easter and one for May 21st. For the Easter holiday, the employer may choose between Good Friday (March 30) and Easter Monday (April 2).

The holiday pay:

The calculation of the holiday pay is not the same for the regular (permanent) employee and the non regular employee. A regular employee is one that has accumulated at least 280 hours of work for the same employer, regardless of his full time or part time status.

For the employee who is not a regular employee:

Such employee is entitled to a holiday pay which equals 1/20th of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime hours

For the regular employee:

When the legal holiday falls on a working day for an employee, the employer must pay the holiday according to the usual number of hours worked on that day. If, for example, the employer chooses Easter Monday and the employee doesn't always work the same number of hours on Mondays, then the employer must calculate an average of the last 5 worked Mondays.

However, when the employee does not work at least 5 days per week, he is entitled to a holiday pay of 10% of his preceding pay, in the case of a 2 weeks pay period, or 20% of his preceding pay, when the pay period is 1 week.

If the holiday doesn't coincide with a normal day of work for the employee, the employer may:

Allow the employee a holiday on the preceding or following working day. He must the pay a holiday pay as explained above
OR
Pay the holiday by calculating 20% of the preceding pay period (or 10% if the pay period is two weeks).

Worked Holiday

For the employee who is not a regular employee:

If a non regular employee must work on the day of the holiday, the employer may:

Pay the hours worked at regular rate and pay the indemnity as explained above
OR
Pay the hours worked at regular rate and allow a compensatory holiday within the three weeks period before or after that day.

For the regular employee:

If the employer needs the employee to work on the holiday, he may:

Pay the holiday as explained above and pay the hours worked at time and a half (minimum 3 hours: according to article 5.02 of the Decree)
OR
Carry over the holiday within the three weeks preceding or following the holiday (upon the condition of a written agreement between the employer and the employee). Click on the following link for an example of a letter of agreement.

To know more about legal holidays, consult the related sections of the Employer's Guide or of the Employee's Guide, or consult article 7 of the Decree.

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