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Effect of decree (Articles 9 - 15)

Provisions of Decree

9. A decree may include any provision

  • (1) determining the participation of the committee in the development of industrial strategies in the field of activity defined as the scope of the decree; or
  • (2) relating to the participation of the committee in the development of manpower training in the field of activity defined as the scope of the decree.

R. S. 1964, c. 143, s. 9; 1969, c. 51, s. 59; 1969, c. 60, s. 12; 1990, c. 30, s. 32; 1996, c. 71, s. 10.

Prohibition.

9.1. No decree may impose

  • (1) a provision of the agreement pertaining to the activities, administration or funding of an association of employees or an employers' association;
  • (2) a wage increase applicable to an effective wage rate that is higher than the wage rate established in the decree;
  • (3) the application of a wage rate that is higher than the wage rate established in the decree; or
  • (4) minimum prices to be charged to the public for certain services.

1996, c. 71, s. 10.

Work.

9.2. Any work carried out in addition to the regular working hours of a day or week shall entail an increase in the hourly wages actually paid to an employee, except for premiums established on an hourly basis.

1996, c. 71, s. 10.

Contracting parties.

10. The decree may order that certain persons or associations be treated as contracting parties.

Union party.

The union party must in all cases be a certified association or a group of certified associations.

R. S. 1964, c. 143, s. 10; 1968, c. 45, s. 61; 1984, c. 45, s. 11; 1996, c. 71, s. 10.

Matter of public policy.

11. The provisions of the decree are public policy.

R. S. 1964, c. 143, s. 11; 1996, c. 71, s. 11.

11.1. Where there is double coverage or an overlapping of fields of activity, an agreement may be made between the committees and the professional employer concerned.

Double coverage.

There is double coverage where two or more decrees could be applicable alternately to the same employees of a professional employer, on a continual basis.

Overlapping.

There is an overlapping of fields of activity where two or more decrees could be applicable simultaneously to the same employees of a professional employer.

1996, c. 71, s. 12.

Agreement.

11.2. The agreement must determine which decree is applicable to the employees concerned of the professional employer and may include provisions designed to resolve any difficulty resulting from the application of that decree.

Copy.

The committee responsible for the application of the decree determined to be applicable shall send a copy of the agreement to the Minister within the next 30 days.

1996, c. 71, s. 12.

Arbitrator.

11.3. If no agreement can be reached concerning the double coverage or overlapping of fields of activity, the matter may be referred to an arbitrator by any of the parties concerned.

1996, c. 71, s. 12.

11.4. The arbitrator shall be chosen by the committees and the professional employer concerned or, if they cannot agree, appointed by the Minister.

List.

The arbitrator appointed by the Minister shall be chosen from the list drawn up under section 77 of the Labour Code (chapter C-27).

1996, c. 71, s. 12.

Decree.

11.5. The arbitrator shall determine which decree is applicable to the employees concerned.

Award.

In rendering his award, the arbitrator may, subject to the third paragraph, have regard to the agreements made and the awards rendered in similar circumstances.

Main activity.

In an instance of double coverage, the arbitrator must render his award on the basis of the main activity of the enterprise of the professional employer in the 12-month period preceding the application for arbitration. To determine the main activity, he may consider the total number of employees and the volume of products, services and business in each field of activity.

1996, c. 71, s. 12.

Powers.

11.6. In exercising his functions, the arbitrator may

  • (1) interpret and apply any Act, regulation or decree to the extent necessary to resolve a matter referred to him under section 11.3;
  • (2) order the payment of interest, at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31), on any amount owed to an employee pursuant to the arbitration award;
  • (3) correct at any time a decision containing an error in writing or calculation or any other clerical error;
  • (4) render any other decision intended to protect the rights of the parties; and
  • (5) resolve any difficulty resulting from the double coverage or overlapping of fields of activity.

1996, c. 71, s. 12.

Provisions applicable.

11.7. Sections 100.0.2 to 101.10, except sections 100.1.1, 100.2.1, 100.10 and 100.12, and sections 139, 139.1 and 140 of the Labour Code (chapter C-27) apply to the arbitration provided for in section 11.3, with the necessary modifications.

1996, c. 71, s. 12.

Agreement binding.

11.8. An agreement made under section 11.1 or an arbitration award binds the parties concerned until the date of expiry of the applicable decree, unless the employees concerned are, in the intervening time, excluded from the scope of the decree.

1996, c. 71, s. 12.

Provisions applicable.

11.9. Subject to the second paragraph, the Regulation respecting the remuneration of arbitrators, made by Order in Council 975-90 dated 4 July 1990, including any subsequent amendment, applies to the arbitration provided for in section 11.3.

Fees.

The committees and the professional employer concerned shall each pay half
of the fees, expenses and allowances of the arbitrator.

1996, c. 71, s. 12.

Right to fixed wage.

12. It is forbidden to stipulate a wage lower than that fixed by the decree. Notwithstanding any stipulation or agreement to the contrary and without it being necessary to demand the nullity thereof, the employee is entitled to recover the wage fixed by the decree.

R. S. 1964, c. 143, s. 12; 1984, c. 45, s. 12.

Presumption.

12.1. For the purposes of this Act, a wage determined in accordance with a regulation under section 44.3 of the Act to foster the development of manpower training (chapter D-7.1) in respect of an employee taking part as an apprentice in an apprenticeship scheme established under that Act is deemed to be fixed by the decree.

1997, c. 20, s. 13.

More favourable agreement.

13. Unless expressly forbidden by the provisions of the decree, the clauses of an employment contract shall be valid and lawful, notwithstanding the provisions of the above sections 9 and 11, in so far as they provide, in favour of the employee, a higher monetary remuneration in currency or more extended compensation or benefits than those fixed by the decree.

R. S. 1964, c. 143, s. 13; 1984, c. 45, s. 13; 1996, c. 71, s. 13.

Joint liability.

14. Every professional employer and every contractor contracting with a sub-entrepreneur or a sub-contractor, directly or through an intermediary, shall be solidarily liable with such sub-entrepreneur or sub-contractor and any intermediary for the pecuniary obligations imposed by this Act, a regulation or a decree and for the levies payable to a committee.

Solidary liability

Such solidary liability shall end six months after the completion of the work carried out by the sub-entrepreneur or sub-contractor unless, before the expiry of that time, an employee files a complaint relating to his wages with the committee, a civil action is brought or a notice is sent by the committee pursuant to section 28.1.

R. S. 1964, c. 143, s. 14; 1996, c. 71, s. 14.

Alienation of enterprise.

14.1. The alienation or concession of the whole or part of an enterprise, otherwise than by judicial sale, or the modification of its juridical structure by amalgamation, division or otherwise does not extinguish any debt arising out of the application of this Act, a regulation or a decree incurred prior to the alienation, concession or modification.

Solidary liability.

The former employer and his successor are solidarily liable for such a debt.

1984, c. 45, s. 14; 1996, c. 71, s. 15.

Conditions of employment.

14.2. The alienation or concession of the whole or part of an enterprise or the modification of its juridical structure by amalgamation, division or otherwise is no way affects the continuity of the application of the conditions of employment established in the decree.

1996, c. 71, s. 15.

Presumption of legality.

15. The publication of the decree in the Gazette officielle du Québec shall bar any contestation alleging the incapacity of the parties to the agreement, the invalidity thereof and the insufficiency of notices; and, in all other respects, it shall create generally an absolute presumption, establishing the legality of all proceedings relating to its adoption.

R. S. 1964, c. 143, s. 15; 1999, c. 40, s. 100.