Interpretation: reference period, article 8.01
1. Payment of an advance for vacations
An employer does not have the right to calculate the holidays on another date than that of the end of the reference period. The latter must finish on April 30 or at the end of the civil year.
For example, an employer cannot calculate the earnings from May 1 to November 15, and pay vacation to an employee who wants one week of vacation to go to hunting.
However, as provided by article 8.11, the employer may, at the employee’s request, allow an anticipated vacation and pay an amount identified as a vacation advance.
2. Variable reference period
Although article 8.01 sets the reference period as from May 1 to April 30, the administrative policy of the Parity Committee is to accept that the reference period finishes at the end of the pay period closest to April 30.
This practice makes it that it is even more important for the employer to respect regulation respecting the registration system and to clearly record the reference year in the pay records (see appendix 3, article 1-12) .