Salary
A. Hourly rate – (Chapter 6 of the decree)
The hourly rate of an employee depends on the type of maintenance work that is done. There are three types of maintenance work: heavy maintenance, light maintenance and high rise cleaning.
Heavy maintenance work of class A includes among other duties, work such as washing walls, windows and ceilings, treating floors and removing waste. (Article 1.01d)
Heavy maintenance work is paid $23.25 per hour as of March 4, 2026
(The previous hourly rate of class A was $21.57 until March 3, 2026)
Light maintenance work of class B includes among other duties, work such as dusting, removing of marks, sweeping, vacuuming and the light maintenance of washrooms. (Article 1.01 e)
Light maintenance work is paid $23.25 per hour as of March 4, 2026
(The previous hourly rate of Class B was $21.52 until March 3, 2026)
Maintenance work of class C includes among other duties, work such as the cleaning of windows and surfaces on a scaffold. (Article 1.01f)
High rise window washing is paid $23.90 per hour as of March 4, 2026
(The previous hourly rate of Class C was $22.15 until March 3, 2026)
The crew leader receives a minimum premium of 2% of the hourly salary. (Article 6.02)
Please consult article 6.01 of the Decree to know the hourly rates until November 1st, 2030.
B. Overtime hours – (Articles 3.01 and 3.02 of the Decree)
After 40 hours of work in a week, the employee is paid at time and a half.
It is possible, under certain conditions, to spread out the hours worked by the employee on a basis other than a weekly basis. Among others: to obtain the employee’s agreement and that the spreading out of the hours worked be based on a maximum of 4 weeks.
C. Paid hours – (Articles 3.04, 3.05 and 3.06 of the Decree)
The following hours must be paid at Decree rate when the employee:
1. must stay within the work place until it is unlocked.
2. must travel to perform consecutive maintenance work at the request of the employer (Article 3.05)
3. is at the workplace waiting for work to be assigned to him or her (Article 3.06)
4. is working during any trial or training period (Article 3.06)
5. prepares the material required for the work (Article 3.06)
D. Breaks – (Article 4.03 of the Decree)
All employees have the right to paid breaks upon certain conditions.
1. a work period of 7 hours must include two paid 15-minute rests
2. a work period of 3 hours to less than 7 hours must include one paid 15-minute rest
3. for a work period of more than 7 hours, the employee is entitled to one paid 15-minute rest for every 3 hours period exceeding 7 hours.
E. Call-ins and call-backs – (Division 3.00 of the Decree)
The employee called back to work after having left must be paid at time and a half with a minimum pay of 4 hours. The employee reporting to work without having been otherwise notified must be paid a minimum of 4 hours or the hours regularly worked if less than 4 hours.
Frequently asked questions
The hourly rates for the employees subject to the Decree respecting building service employees in the Montreal region, are defined at articl 6 of the Decree. Clic here to see the rates until November 1st, 2030.
These rates of wages are set by the government following a request for renewal of the Decree on behalf of the representatives of Quebec Building Service Contractors Association and the Service Employees’ Union Local 800. When the request is accepted, the government imposes certain clauses of their collective agreement on all the subject companies, whether they are union organised or not.
The last renewal of the decree was on March 4, 2026 and will remain in force until November 1st, 2030. After this date, the decree will be renewed under the same conditions until the two parties (the Contractors Association and Local 800) come to a new collective agreement. At this time, they will make a request to the government so that a new decree is instituted with the new negotiated rates of wages.
The Parity Committee does not take part in the negotiation of the rates of wages. It must follow the decree promulgated by the government.
The decree is a law of public order, which means to say that no one can be withdrawn from it, even after mutual agreement. The Parity Committee has as an obligation to ensure that all comply with the rules imposed on the industry. The employer and the employee can always agree to wages higher than that of the decree, but surely not at a lower rate.
The employer can give more than what is required by the law, but cannot give less. Thus, an employee who would work 6 hours per day, at a rate of 3 hours of heavy work of class A, and 3 hours light work of class B, must be paid 3 hours at the rate of class A and 3 hours at the rate of class B. Or, the employer could find it simpler to pay all hours in class A. But what he does not have the right to do, is to pay every hour at the rate of class B . Moreover, if he chooses to pay two rates of wages, he cannot show an average rate in the pay records and on the pay slips; rather, it is necessary to record in detail the hours at each hourly rate.
This situation is very frequent and it is illegal. The employer thus seeks to avoid having to pay the hours at time and a half. It sometimes happens that the employees agree with this practice. Whether or not there is agreement, if the Parity Committee investigates, it has the power to claim the difference between the wages due at time and a half and the wages paid at regular time.
Many people are duped when they lose their employment, because most of the time the bank of hours disappears at the same time as the employment. An employee has the right to register a complaint with the Parity Committee even if he or she is no longer working at that time for the company of which it wants to complain. He will then be asked to provide the most information possible on the details of the hours worked, for each week, as well as the hours paid. Any other proof (time sheets, copies of the registers of signatures of the building, diary entries, witnesses, etc.) will be considered by the inspector responsible for the case.
The employer has the obligation to grant certain breaks, and article 4 of the decree lays down these breaks as well as the conditions which are attached to them.
– One paid rest period of 15 minutes must be granted to the employee who works less than 7 hours, but 3 hours or more.
– Two paid 15-minute periods are provided for the employee who works 7 hours or more.
– The employee is also entitled to one paid 15-minute rest period per 3-hour work period beyond 7 hours.
Moreover, a meal break, not exceeding one hour, may be required by the employee after 5 consecutive hours of work. The latter is thus not obligatory if the employee does not request it. Thus, during night-work, many employees prefer not to have a meal break in order to finish earlier. Nevertheless, the employer has the right to establish the schedule of work, as well as the schedule of breaks and to include or not a non paid meal break, even if the employee does not request it. The duration of this break must however be reasonable: it should not exceed an hour, otherwise it could be a question of a disguised way to oblige the employee to ensure a presence in the workplace, without paying for it.
Attention! The meal period needs to be paid when the employee is not authorized to leave his work position or when the employer assigns the employee to work for a period of 12 hours or more (Article 4.01).
Also note that an employee who works 12 hours or more in a single day is entitled to a second meal period without pay not exceeding one hour.
For any problem regarding breaks, we invite you to contact an inspector in order to clarify the rights and responsibilities of each of the parties.
Paid holidays
A. List of paid holidays for regular (permanent) employees
An employee is considered regular (permanent) for his employer when he or she has worked 280 hours (Section 1.01 b)
1. December 31st OR January 2nd :at the employer’s choice, for the permanent employee having less than one year of service. December 31st AND January 2nd for the permanent employee having one year of service or more.
2. January 1st.
3. Good Friday OR Easter Monday, at the employer’s choice.
4. the Monday preceding 25 May.
5. June 24th.
6. July 1st.
7. Labour Day.
8. Thanksgiving.
9. December 25th.
10. December 24th OR December 26th: at the employer’s choice, for the permanent employee having less than one year of service. December 24th AND December 26th , for the permanent employee having one year of service or more.
Statutory holidays and union-member employees
Caution! If you work for a cleaning company and that you are a union member, the decree applies to you, but certain statutory holidays may be different or may be replaced by floating holidays. Consult your collective agreement or your union if you have questions on this subject (see section useful links).
B. List of paid holidays for non-regular employees
The non regular employee is entitled to the following holidays according to article 7.07.1 of the Decree:
– New Year’s Day
– Good Friday or Easter Monday
– the Monday preceding 25 May
– June 24th
– July 1st
– Labour Day
– Thanksgiving
– Christmas
C. Two situations to consider for paid holidays
1. The employee is a regular employee (280 hours)
The employee is entitled to a holiday for which the indemnity depends on the usual working schedule of the employee (articles 7.02 and 7.05).
In the two following situations, the indemnity is equal to 20% of the salary earned during the pay period preceding the holiday (10%, if it is a two week pay period).
– The employee usually works less than 5 days per week;
– The holiday does not coincide with a working day.
Otherwise, when the employee works five days per week or more and the holiday coincides with a usual working day, then the indemnity corresponds to the number of hours usually worked on that day.
Please consult the Parity Committee for more information in the situation where the work schedule is irregular.
Particular cases:
Postponed holiday on the work day preceding or following the holiday
When the holiday does not coincide with a usual working day, the holiday may be postponed, at the employer’s choice, to the work day preceding or following the holiday. In such case, the indemnity depends on the day the holiday was postponed for. It is calculated according to the rules stated above.
Worked holiday
In the case of a worked holiday, the employer may choose between the two following options:
– Have the employee work and postpone the paid holiday to another work day within 8 weeks before or after. In such case, a written agreement is needed from the employee. In this situation, the hours worked on the holiday are paid at the regular rate since the employee will have a compensatory holiday;
– Have the employee work and not postpone the paid holiday. In such case, the indemnity is paid as defined above AND the hours worked on the holiday are paid at time and a half (with a minimum pay of four (4) hours at regular time).
2. The employee is not a regular employee (less than 280 hours)
In the case of the 8 holidays provided by article 7.07.1 the indemnity is explained at article 7.07.2:
– The indemnity is equal to 1/20th of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime hours.
If a non regular employee must work on one of those 8 holidays, the employer may choose between:
1.Pay the hours worked at regular rate and pay the indemnity as explained above
2.Pay the hours worked at regular rate and allow a compensatory holiday within the three weeks period before or after that day.
D. Criteria to be eligible for the paid holidays
To be eligible for the paid holidays, the employee must work on the working day preceding and following the holiday (Article 7.06) (Exception: June 24th, governed by the National Holiday Act).
Attention ! The working day is the usual working day for this employee. It may differ from the business day. (Article 7.06)
If the employee does not work on the preceding and the following working day, the employer must nevertheless pay the holiday if it occurs:
– During an absence authorised by the employer of less than 15 days.
– During a sick leave of less than 14 days for any reason set out in Division 9.00 of the Decree or in Division V.1 of Chapter IV of the Act respecting labour standards (chapter N-1.1).
– During a temporary lay off of less than 22 days.
– On the working day preceding or following a lay off for lack of work.
– During the employee’s vacation period
Frequently asked questions
According to the decree, every employee, regular or not, has a right to some statutory holidays, regardless of his status of temporary, occasional, part-time or full-time employee.
– The regular employee (one who has accumulated 280 working hours) is entitled to 10 or 12 statutory holidays, according to his seniority;
– The non regular employee (one who has not yet accumulated 280 working hours) is entitled to 8 statutory holidays.
To know which holidays an employee is entitled to, consult article 7.01, for the regular employee and article 7.07.1 for the non regular employee. You may also consult section 3.2 of the Employer’s Guide or the Employee’s Guide for more information about holidays.
The calculation of the holiday indemnity differs whether the employee is regular or not. Consult section 7 of the Decree or section 3.2C of the Employer’s Guide or the Employee’s Guide for more information.
Yes. In such case, article 8.06 provides that the employee must receive a paid holiday in addition to his vacation pay.
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 eight 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 4 hours – article 3.09 of the Decree)
OR
– Pay the hours worked on the holiday and carry over the holiday within the eight weeks preceding or following the holiday (upon the condition of a written agreement between the employer and the employee).; click here for an example of a letter of agreement).
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.
The sick leaves and special leaves
A. The sick leaves – (Division 12.00 of the Decree)
All permanent employees have a sick leave accumulation. When they are sick, the employer draws from this accumulation to pay them.
Regarding family obligations (article 9.06) and extended leaves owing to sickness, organ donation, accident, domestic violence, sexual violence or criminal offence of which the employee has been a victim (article 9.09), the first 2 days of absence in the same calendar year must be paid by the employer within the accumulated sick leave hours, even when taken in advance.
Accumulation of sick leave (Article 12.01)
At each pay period, the permanent employee accumulates sick leave hours equal to 2.44% of their paid hours. The employer must indicate the cumulative on the pay stub of the employee.
Deduction from the cumulative when the employee is sick (Articles 9.06, 9.09, 12.03, 12.04)
When the employee is absent due to a sick leave or to fulfill family obligations listed under article 9.06 or the third paragraph of article 9.09, he must:
– Inform the employer on the first day of absence or as soon as possible (articles 9.06 and 3rd paragraph of article 9.09).
– Bring a medical certificate if the employer asks for one when the employee calls or during the sick leave.
If the employee fulfils these two requirements, the employer pays the sick leave hours and deducts these hours from the sick leave accumulation.
Payable sick leave hours accumulation
(Article 12.02)
Once a year, between November 1st and December 10th, part of the sick leave accumulation is paid out, if applicable. To know if the employer must pay part of the sick leave accumulation, one must calculate the excess sick leave (See the Notice regarding the total of sick leave credits for more information).
Payable sick leave hours (upon termination of employment)
(Article 12.05)
The employer is not required to pay the credits of sick leave hours upon the termination of an employee’s employment, except in the following cases:
The employee is laid off for a period of 6 months or more and is not entitled to recall privileges under a collective agreement;
The employee is laid off, is entitled to recall privileges for a period of 6 months or more under a collective agreement and loses his or her seniority under the rules of that collective agreement; or
The employee is retiring and a record of employment indicating that reason is issued.
B. Special leaves for family events – (Division 9.00 of the Decree)
The employee has the right to a special leave for the following events:
Death in the family
For the regular employee:
– Spouse, child: 5 paid days
– Father, mother, brother, sister: 3 paid days and 2 days without pay
– In-laws (father, mother, brother, sister), grandparents: one paid day
– Son-in-law, daughter-in-law, grandchildren: 1 day without pay
For the non-regular employee:
– Spouse, child, father, mother, brother, sister: 2 paid days and 3 days without pay
– In-laws (father, mother, brother, sister, son, daughter), grandparents, grandchild: one day without pay
Wedding or civil union
All employees :
– Wedding of the employee: one paid day
– Wedding of a child, father, mother, brother, sister, child of the spouse: one day without pay.
Birth, adoption or termination of pregnancy (in or after the twentieth week)
For all employees:
– 5 days of which the two first days are paid.
Care, health or education of a child or state of health of a relative, as a caregiver
All employees:
– 10 days per year of which 2 are paid, per calendar year and taken within the accumulated sick leave hours.
– (These special leaves can also be taken when required by the state of health of the spouse, father, mother, sister, brother or one of the employee’s grandparents)
Maternity
All employees :
– 18 consecutive weeks without pay.
For all other special leave of absences, please consult articles 9.07 and 9.09.
Frequently asked questions
Article 12.03 states that the employer may request a document attesting to the reasons for the absence before paying the employee compensation.
However, the employer may not request the document referred to in the first paragraph for the first three periods of absence of duration of three consecutive days or less within a 12-month period.
The employer reimburses the employee for the cost of issuing the document on the paycheck after the receipt is submitted to the employer.
Union employees must check with their union the conditions which are attached to the medical certificate because they can be slightly different.
At the time of a work-related accident, the first 14 days of absence must be paid by the employer at 90% of the net pay. This amount cannot be deducted from the sick leave bank of hours, since the Commission des normes, de l’équité, de la santé et de la sécurité du Travail (CNESST) refunds the employer. It is an indemnity for a work-related accident.
No. The accumulated sick leave hours are not payable. The only two situations where the employee has the right to receive these hours are:
– when the employee is ill and that sick leave hours have been accumulated;
– following the calculation of the excess sick leave hours at October 31 of each year. (For more information on the calculation of the excess, see the Employer’s Guide , section Sick leaves and special leaves of absence. You may consult two documents: the sick leave credits guide and the calculation of the sick leave credit).
Vacation
(Chapter 8 of the Decree)
To know the number of vacation weeks for an employee, one must take into account the number of years of service as well as the qualifying period, which is the period going from May 1st of a year to the April 30th of the following year.
At the end of a qualifying period:
– the employee with less than one year of service is entitled to 1 day and a half per month of service
– the employee with less than 8 years of service is entitled to 3 weeks
– the employee with 8 to 20 years of service is entitled to 4 weeks
– the employee with 20 to 30 years of service is entitled to 5 weeks
– the employee with 30 years or more is entitled to 6 weeks.
The employee may require that his vacation be granted to him between April 30th and September 1st.
Vacation pay is calculated in the following manner:
– The employee with less than 8 years of service at the end of a qualifying period is entitled to 6% of the total wages earned during this period
– The employee with 10 to 20 years of service is entitled to 8% of the total wages earned during the qualifying period
– The employee with 20 to 30 years of service is entitled to 10% of the total wages earned during the qualifying period
– The employee with 30 years or more is entitled do 12% if the total wages earned during the qualifying period.
The employee may ask for the payment of the third and fourth week, without taking the vacation. (Article 8.10)
The employee may split his vacation in two. (Article 8.12)
Attention! If an employee is absent owing to sickness, an organ or tissue donation for transplant, an accident, if the employee is the victim of domestic violence, sexual violence or of a criminal act or is on maternity or paternity leave during the reference year, that absence should not result in the reduction of the employee’s vacation pay. Consult article 8.04 of the Decree to learn more. Click here for an example.
Frequently asked questions
The employees can require that the vacations be granted between April 30 and the September 1 (article 8.08), but it is left to the employer to determine the exact weeks according to its suitability. Union employees have a priority of seniority in the choice of the vacations. Several non union employers also adopt this principle although they are not held to do so.
Initially, the employer must establish the qualifying period and it must be the same one for all of its employees. It is a question of choosing the pay period closest to May 1 of one year and the period closest to April 30 of the following year. Then, one must take the total of all the earnings of the qualifying period (including vacation pay, RRSP contributions, hours of illness, etc), and this, for each employee. To obtain the vacation pay, one multiplies this total by 6%, 8%, 10% or 12% according to the number of years of service of the employee at the end of this year of reference (see article 8 of the Decree).
Vacation pay is due before the employee leaves on vacation (article 8.05). It should not be paid at the beginning of May, for example, if the employee only leaves on vacation in August.
The vacation indemnity is paid in a single payment before the employee goes on vacation or in the manner applicable for the regular payment of his wages.
The vacations can be split in two periods, at the request of the employee (article 8.12). They can also be split in more than two periods, always at the request of the employee, but only if the employer agrees to it.
In the cases of splitting, the employer can divide the vacation pay according to the split requested.
Article 8.11 says that vacations must be taken in the 12 months which follow the end of the reference period. That is to say that vacations cannot be deferred to the following year. When the employer approaches the end of the qualifying period, towards the end April, he must pay or grant any vacation of the preceding qualifying period which has not yet been paid.
Nevertheless, article 8.11 allows two exceptions. Upon the employee’s request, an employer may:
– authorize an anticipated vacation (a vacation taken before the end of the qualifying period);
– defer the annual vacation to the following year when it has not been taken during the 12 months following the end of a qualifying period if the employee is absent owing to sickness, accident, family or parental matters.
Termination pay
(Chapter 8.00 of the Decree)
Upon termination, the employee with less than 8 years of service receives 6% of the total wages earned during the preceding period of May 1st to April 30th if not already paid and 6% of the total wages earned during the current period.
In the case of the employee having between 8 to 20 years of service, the employee receives 8% of the total wages.
The employee with 20 to 30 years of service receives a 10% termination pay, while the employee having 30 years of service or more is entitled to a 12% termination pay.
When his employment terminates, an employee shall receive any holiday pay due for the last qualifying period, if not taken, and also any vacation pay due for the current qualifying period.
Here is how to calculate the indemnity relating to the vacation of an employee in the case of an end of employment and an owed vacation to the employee for the previous reference period that has not been paid.
Note: For the reference year, you use the pay period closest to May 1 of one year and the period closest to April 30 of the following year.
Example: In the case of an end of employment on May 25, 2025, and an owed vacation to the employee for the reference period ending on April 30, 2025, that has not been paid.
- You must proceed in two steps for the calculation of the vacation and the termination pay because you must add the indemnity percentage (%) on the vacation to pay (vacation on vacation).
Example of the calculations:
Earnings for the previous reference period from May 1, 2024, to April 30, 2025
30 000,00 $ X 6% = 1800,00 $
1800,00 $ X 6% = 108,00 $ (vacation on vacation)
Vacation to pay: 1908,00 $
Earnings for the current reference period from May 1, 2025, to May 25, 2025
3000,00 $ X 6% = 180,00 $
Termination to pay: 180,00 $
Total to pay: 2088,00 $
Note: The Parity Committee uses the same calculation method as the CNESST.
Notice of termination
(Chapter 13.00 of the Decree)
The notice of termination is a letter given to employees advising them that their services will not be needed starting a certain date.
If an employee has at least 3 months of service, the employer must give him a notice of termination before:
– a termination of his contract (except in cases of serious fault)
– a lay-off for a period of 6 months or more.
The notice of termination is calculated according to the years of service:
– the employee with less than one year of service: notice of one week
– the employee with one to 5 years of service: notice of 2 weeks
– the employee with 5 to 10 years of service: notice of 4 weeks
– the employee with 10 years of service or more: notice of 8 weeks.
Attention ! If the employer does not give the written notice of termination, he must pay an equal amount as specified above.
Paid notice and worked notice
Caution! It is up to the employer to decide to advise you by letter within the times envisaged in article 13.01 or to pay you the compensatory indemnity envisaged in article 13.03. Therefore, if you receive a letter from the employer advising you that you will be dismissed in two weeks, for example, you cannot decide to leave your work and require to be paid for these two weeks.
Layoff with less than 6 months
If the employer lays you off for lack of work and if the Record of Employment indicates a return to work within 6 months, or to an unspecified date, you are not entitled to the notice, nor to the 6% final vacation pay. On the other hand, if you were not recalled to work in the 6 months, notice and the vacation pay (6%) become due and the Parity Committee can claim them if the employer refuses to pay them.
Caution! If you are laid off for less than 6 months and you ask your employer to pay you your accumulated vacation, be careful! Ensure yourself that it will not be regarded as a voluntary departure with payment of the final 6%. You could lose your bond of employment and your benefits in the event of a return to work. Moreover, you would be likely to have problems with the Employment Insurance when applying.
Frequently asked questions
If it is a final layoff (return to work not envisaged), or a layoff of more than 6 months or, if it is a dismissal, the employer must give the notice of termination and pay all the sums due up to the date of departure. If the employer did not give a letter of notice within the required time, he must then pay an amount equivalent to the necessary duration of the notice.
If it is a temporary layoff, with return envisaged within 6 months, the employer is not obliged to give a notice of termination and to pay the severance pay (final vacation pay). On the other hand, with the expiry of the 6 months period, if the employer did not recall the employee, the latter loses any bond of employment and the notice, as well as the final vacation pay (6, 8, 10 or 12% as the case may be – see article 8 of the Decree) become due. The Parity Committee then has full powers to claim them if the employer refuses to pay.
Caution: for the employees members of the Service Employees’ Union, Local 800, the procedures for layoff and the conservation of seniority are not the same as with the decree. Consult the Union for more information.
The dismissal is a decision of the employer to put an end to a work agreement, and this for disciplinary reasons. It is thus because, wrongly or rightly, the employer is not satisfied with the employee. It can be for reasons of punctuality, quality of work, conflicts with the employer or with the supervisor, etc.
The layoff is a suspension of employment due to lack of work. It can be following the loss of a contract, with the closing of a building, a reorganisation or cuts in the personnel, etc.
The layoff can be temporary or final. If it is temporary, the employer will record code A on the Record of Employment (for “lack of work”) and will indicate a return envisaged, either at a determined date, or at an unspecified date. If the layoff is final, the employer must indicate “return not envisaged” in the suitable box.
The Parity Committee does not have jurisdiction to contest the reasons of the dismissal. All that the Parity Committee can do in the event of dismissal, is to verify that the employee receives his notice of termination, if entitled, and the final vacation pay (6%, 8%, 10% or 12% as the case may be – see article 8 of the Decree). If it is necessary, the Parity Committee will claim from the employer the sums due to the employee.
However, three situations envisaged in article 30 of An Act Respecting Collective Agreement Decrees can lead to an intervention of the Parity Committee:
1. the employee was dismissed for having provided information to a representative of the Parity Committee ;
2. the employee was dismissed following a complaint to the Parity Committee or following testimony in a lawsuit being referred to it ;
3. the employee was the object of a dismissal with the intention of re-hiring in a lesser position, in order to pay less wages.
In these three cases, the employer is liable to fines. Moreover, the employee can claim three months of wages by way of damages, and file a complaint with the labour commissioner general in the 45 days following the dismissal. This recourse aims at rehabilitation to work and compensation for loss of wages.
Otherwise, if the employee is not a union member, he or she must consult the Commission des normes du travail to find possible means of recourse. For example, if it concerns two years or more of service, a complaint for dismissal without right and proper cause could be filed. If not, if it were an illegal dismissal, as envisaged by An Act Respecting Labour Standards, in certain specific situations, or of a punishment, reprisal, suspension or displacement, the employee can file a complaint against a prohibited practice. These recourses must then also be exercised in the 45 days following the dismissal. The site of the Commission des normes du travail (see “useful links”) contains all the information on this subject.
If the employee is a union member, he or she will have to contact the Union to know the recourses.
The employer who dismisses an employee who has more than three months of service or who lays her or him off for lack of work, either definitively, or for more than 6 months, must give a notice of termination according to the duration and the conditions envisaged in article 13. The employer has the choice between:
– paying the indemnity of notice according to the duration required in article 13.01;
– delivering the written notice within the deadlines.
The employee who is advised in writing of the end of his employment on a determined date, must work for the period which remain. She or he cannot chose to leave and be paid the duration of the notice if the employer refuses.
The employer is exempted of this obligation in the event of serious fault on behalf of the employee or in a situation of fortuitous occurrence. For precise details on these two exceptions, see section “the decree”, article 13.02: interpretation.
The request of the customer to withdraw an employee does not constitute a fortuitous occurrence. The employee who is in this situation is entitled to notice unless one can show a serious fault. If it is not a question of a serious fault, the employer can ask the customer for a delay before withdrawing the employee in order to provide proper notice; he can also transfer the employee to another place of work, or if not, he must pay the corresponding indemnity of notice to this employee.
Group Retirement Plan (RRSP)
(Division 6.100 of the Decree)
The Parity Committee is in charge of managing a Group Retirement Plan (RRSP) for building service employees.
Based on the Plan, all contributions towards the group RRSP of an employee will be made directly by the employer.
As of March 4, 2026, the employer’s contribution to the Plan is set at $0.20 per paid hour for employee who has acquired regular employee status.
There is no contribution rate increase provided by the Decree up to its termination on November 1st, 2030.
Paid hours include regular worked hours, overtime hours, holidays (worked or not), sick leave, etc. A vacation pay is the only payment on which contributions may not be applicable. The employer is required to list both the yearly and current cumulative for RRSP contributions on your pay slip.
The employer is required to list both the yearly and current cumulative for RRSP contributions on your pay slip. As for the monthly report and levy, the employer’s contribution to the RRSP has to be sent to the Parity Committee every month.
As of March 4, 2026, it will be mandatory for your employer, upon acquiring the regular employee status, to have you complete the registration form for the retirement plan and to forward it to us.
It is required to fill this registration form to activate your file and to transfer to IA Financial Group the RRSP contributions sent by your employer.
If you have already completed this form, no further action is required. However, if you have never completed a registration form, you must contact your employer in order to complete one. The Plan identification code is 15383CM001TP.
When a sufficient amount of RRSP contributions is reached for you and the registration form is completed, then, your file is activated with IA Financial Group who will send you all information regarding the Plan.
Attention! Since November 9th, 2011, the employee may add a volunteer contribution toward the RRSP plan directly on the pay. To make all the necessary arrangements, the employee must give a written authorization to his employer stating the amount he wants to be deducted from the pay.
The employer will send to the Parity Committee this volunteer contribution with the other compulsory contributions for all employees, but he will have to distinguish it separately.
Subcontracting
The present trend of subcontracting is important enough to address the issue in this guide.
During the past years, the Parity Committee has conducted many investigations in cases of subcontracting and autonomous workers in order to stop the black market and fight this fraudulent non-declared work.
These investigations brought many penal accusations and important salary claims.
It is important to know that even if you have the status of independent worker according to the taxation authorities, you may still be considered an employee according to the Decree. According to this double status, you are entitled to all the benefits provided by the Decree (hourly rate, vacation pay, legal holidays, sick leave, RRSP, etc.).
Attention! The fact of being registered, incorporated or having a tax number does not at all guaranty that you will be accepted as a subcontractor. You must know that in order to accept a subcontract and be accepted by the Parity Committee as an autonomous worker, you must already be in business in a significant manner, meaning that you must not depend on only one important subcontract or you must have your own employees.
In other words, to be a true independent contractor, the subcontractor must have the ability to organize his business for the purpose of profit and he must assume the corresponding business risk.
More details on the criteria used to determine the status of the worker:
View more details
You must also know that the investigations of the Parity Committee during the past years have shown that in the great majority of cases, the persons who are offered subcontracts are paid less than an employee as well as not having vacations, paid holidays and sick leaves. Furthermore, at the end of the contract, they are not entitled to unemployment insurance benefits.
If you already are a subcontractor and want to verify if your employer respects the Law, you may call us. If the Parity Committee determines that you are an employee, we may claim from your employer, at Decree rate and retroactively, your salary, vacations, holidays, sick leaves and the employer’s contribution to the employee’s RRSP.
To this effect, we suggest that you take note of all your working hours, every day, with the corresponding workplaces and that you keep these notes with a copy of all your billing. These notes may become very useful to enable the Parity Committee to establish the amount of the claim due to you.
Frequently asked questions
Subcontracting is widely used in the cleaning of public buildings. It is very often a diverted and illegal way to bypass the law. Moreover, subcontracting often hides situations of moonlighting and tax evasion.
The fact of having a company, whether it is incorporated or not, is not enough for its owner to be considered a subcontractor. The fact of having a G.S.T. and a Q.S.T. number and even of being accepted as an autonomous worker according to tax laws does not guarantee in any way that the status of subcontractor is accepted for as much by the Parity Committee.
It should be known that the definition of an employee according to An Act Respecting Collective Agreement Decrees is much broader than that according to tax laws. The decrees having an objective of social protection, jurisprudence has granted the statute of employee to many subcontractors, and this, in a variety of situations and even where many would have thought that subcontracting was carried out within the rules.
More details on the criteria used to determine the status of the worker:
View more details
It should be known that the principal contractor (that which holds the service contract and which gives it out in subcontracting) remains jointly responsible for the pecuniary obligations set by the law. Many companies were surprised to receive from the Parity Committee, claims for several thousands of dollars of wages which the subcontractor had not paid to its employees. Moreover, they were sued for not having produced exact monthly reports, following the refusal by the Parity Committee to consider their subcontractors as autonomous workers.
Before entrusting a contract in subcontracting or before accepting a subcontract, contact the Parity Committee, even anonymously, to have a better idea of the risks attached to this kind of situation.
The Act respecting Labour Standards, the Act respecting Collective Agreement Decrees and others
For building service employees, the majority of the labour standards are replaced by sections of the Decree respecting Building Service Employees described in the previous pages.
However, some labour standards are still in force. Here is an incomplete summary. For more details, we suggest that you call the Parity Committee (contact us).
Attention : If you have filed a complaint with both the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) and the Parity Committee, you may be asked by the CNESST to take part in mediation. Do not sign an agreement to settle the case with the CNESST without consulting the Parity Committee and make sure that the agreement does not interfere with the legal proceedings that the Parity Committee might have brought against your employer, on your behalf.
5.1 Weekly rest – (Section 78, Act respecting Labour Standards)
The employer must grant his employee a minimum rest period of one day a week.
5.2 Maternity leave – (Section 81.4 and following, Act respecting Labour Standards)
The employer must grant the pregnant employee who makes the request for maternity leave, not more than 18 consecutive weeks without pay (Possibility of an allowance with the Québec Parental Insurance Plan: contact rqap.gouv.qc.ca to know more).
5.3 Parental leave – (Section 81.10 and following, Act respecting Labour Standards)
Upon request, the employer must grant the father and the mother of a newborn child and a person who adopts a child, a parental leave without pay of not more than 52 consecutive weeks (Possibility of an allowance with the Québec Parental Insurance Plan: contact rqap.gouv.qc.ca to know more).
5.4 Prohibited practices – (Sections 122-123, Act respecting Labour Standards and Sections 30, 30.1 and 31, Act respecting Collective Agreement Decrees)
It is prohibited for the employer to dismiss, suspend or transfer an employee on the grounds that the employee:
– exercised one of his rights under the Act respecting Labour Standards.
– has provided information to the CNESST on the application of the labour standards or to the Parity Committee regarding the Decree.
– has made a complaint to the CNESST or to the Parity Committee.
– is the object of a seizure by garnishment.
– is pregnant
– refuses to work beyond his or her regular hours for reasons related to the care, health or education of a minor child.
The employee may submit a complaint to the CNESST, the Tribunal administratif du travail (TAT) or the Parity Committee, according to the situation. However, it is the Tribunal administratif du travail who may order the reinstatement and the payment of the loss salary.
Furthermore, in cases related to the Parity Committee, the employer is liable to a fine of $200 to $3000 and to the payment of exemplary damages of three months’ salary.
5.5 Dismissal without good and sufficient cause – (Section 124 and following, Act respecting Labour Standards
The employer cannot dismiss an employee with two years of service without a good and sufficient cause. The dismissed employee may submit a complaint to the CNESST who tries to settle the matter. If no settlement is reached, the complaint is submitted to the Tribunal administratif du travail who may order the reinstatement and/or a salary compensation.
5.6 Psychological harassment – (Articles 81.18, 81.19 et 123.6 à 123.16, Loi sur les normes du travail)
The Act respecting Labour Standards provides that the employee is entitled to a workplace that is free from psychological harassment. It is the employer’s responsibility to take reasonable steps to prevent psychological harassment and to put a stop to such behaviour when it is brought to his knowledge.
In case of psychological harassment, the employee may contact the CNESST to file a complaint.
5.7. What do I do if my employer files for bankruptcy?
If you have worked for a building service employer who filed for bankruptcy while he still owed you some amounts, you may be entitled to a Federal program called Wage Earner Protection Program.
See the following site for more information: www.servicecanada.gc.ca
You may also contact the Parity Committee to know more.
Some useful recommendations
It often happens that employees come to the Parity Committee to denounce illegal situations of which they are or were victims. The role of the Parity Committee is to investigate, and if it can indeed show that the law was broken, the Committee must issue an appropriate claim to the employer or initiate a lawsuit.
Unfortunately, due to a lack of evidence, too many credible denunciations cannot give place to a lawsuit by the Parity Committee. In all cases where the Parity Committee sues an employer which did not respect the law, the principal witness in the case is the employee, and the latter did not always keep the necessary elements to show its assertions in a credible way.
It is always recommended to the employee to keep as much information as possible on the work carried out. When you obtain employment, from the very start, you should note the date of hiring, the hourly rate, and the agreed working conditions. It would also be useful to note the phone numbers of your The Employee’s Guide Page 12 colleagues at work, as well as the address and phone number of the employer and of the supervisor, if that is the case.
Keep your pay stubs because they are used to prove the bond of employment as well as the sums received. They also enable you to systematically compare the hours paid and the hours worked. For this purpose, it is recommended to systematically note in a diary or a notepad, every hour worked as well as the places of work, when they vary. If you fill in time sheets or if you punch a time card, try to keep a copy of it.
Some employees who worked “under the table” or who were paid in cash, as well as several employees “disguised” as autonomous workers think they do not have any recourse. That is false! It has happened that, thanks to credible testimony and notes accumulated by the employees day after day, the Parity Committee has succeeded in showing a fraudulent set-up to pay the employees “under the table” and that it has recovered the sums which were due to them.
Conclusion: keep evidence of all that appears irregular to you and do not hesitate to contact the Parity Committee, even anonymously, in order to know what to do in your situation.
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