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Worked holidays

What are the rules applying when an employe needs to work on a statutory holiday?

The rules regarding the worked holiday are not the same for the regular employee (often called permanent) and the non regular employee. A regular employee is one that has accumulated at least 280 hours of work for the same employer.

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

Exception, June 24 (National Holiday): when the employee must work on June 24th due to the nature of the activities of the business that employs him, he is entitled to the wages for the day and the indemnity. The employer may also choose to grant him, instead of the indemnity, a compensatory leave on the working day before or after June 24th.

The regular employee

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

  • Pay the holiday as provided by article 7.02 of the Decree above and pay the hours worked at time and a half (minimum 3 hours - article 5.02 of the Decree)
    OR
  • Pay the hours worked on the holiday and 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).

For an example of a letter of agreement, consult section Practical tools.

Exception, June 24 (National Holiday): when the employee must work on June 24th due to the nature of the activities of the business that employs him, he is entitled to be paid at time and a half for the hours worked and to the indemnity. However, the employer may also choose to grant him a compensatory leave on the working day before or after June 24th, in which case, the hours worked on June 24th may be paid at regular rate.