The Decree
Updated as of February 8th, 2023
Click here to download
the Decree in .PDF
INDEX
- 1.00 Definitions
- 2.00 Jurisdiction
- 3.00 Working hours
- 4.00 Meal and rest periods
- 5.00 Call-back and call-in (Revoked)
- 6.00 Wage rates
- 6.100 Group retirement plan
- 7.00 Paid general holidays
- 8.00 Paid vacations
- 9.00 Special leave of absence
- 10.00 Payment of wages
- 11.00 Special clothing and adapted equipment
- 11.100 Occupational health and safety
- 12.00 Sick leave
- 13.00 Notice of termination of employment or layoff
- 14.00 Term
- Schedule 1 and regulation
1.00 Definitions
1.01 In this Decree, the following words and expressions mean:
a) public building :
a school, a vocational training centre and an adult education centre established by a school board, a college established under the General and Vocational Colleges Act (R.S.Q., c. C-29), an education institution at the university level within the meaning of the Act respecting educational institutions at the university level (R.S.Q., c. E-14.1), a private educational establishment governed by the Act respecting private education (R.S.Q., c. E-9.1), an establishment within the meaning of the Act respecting health services and social services (R.S.Q., c. S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or childcare centre within the meaning of the Act respecting childcare centres and other childcare services (R.S.Q., c. C-8.2).
A clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, exhibition hall, heritage interpretation centre, a church, chapel, convent, monastery, novitiate, a hall for public entertainment, a cinema, theatre, café, club, bar, restaurant, cafeteria, tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, workroom, manufacture, warehouse, government building, office, office building, bank, credit union, store, shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units and any other place similar to one of the buildings mentioned in this paragraph or used as such;
b) regular employee :
any employee who has worked 280 hours for his employer.
The employee reintegrated by the employer who has not acquired regular status completes the missing hours;
c) maintenance work :
any work connected with washing, cleaning and sweeping, or other work of the same type performed inside or outside of a public building;
d) Class A work:
heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalkboards, sweeping floors with a dust mop one metre or more in width; stripping, washing or treating floors, removing spots on floors with a wet mop that is more than 340.2 g and a bucket that is more than 12 litres, cleaning carpets, removing waste and the contents of recycling bins larger than 11.34 kg and dusting areas not accessible from floor level;
e) Class B work :
any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g or less and a bucket that is 12 litres or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;
f) Class C work :
the washing of windows and interior and exterior surfaces of buildings requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside windows;
g) working day :
a day on which an employee is normally asked to work;
h) professional employer :
an employer who has in his employ one or more employees covered by the jurisdiction of the Decree;
i) employer :
any person, partnership, firm or corporation that has maintenance work done by an employee;
j) uninterrupted service :
the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of the work has been interrupted without cancellation of the contract, and the period during which fixed term contracts succeed one another without an interruption which, under the circumstances, would make it possible to conclude that the contract was not renewed.
k) spouse :
means either of the two persons who:
- are married or in a civil union and cohabiting;
- being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child;
- are of opposite sex or the same sex and have been living together in a de facto union for one year or more.
l) Parity committee
Comité paritaire de l’entretien d’édifices publics, région de Montréal.
R.R.Q.
1981, c. D-2, r. 39, s. 1.01; O.C. 275-82, s. 1; O.C. 1810-89, s. 2; O.C. 262-94, s. 1; Erratum, 1994 G.O. 2, 1259; O.C. 1382-99, s. 1; O.C. 1436-2001, s. 1; O.C. 736-2005, s. 1; O.C. 352-2006, s. 1
2.00 Jurisdiction
2.01 Territorial:
The Decree applies within the boundaries of the municipalities listed in Schedule l.
R.R.Q.,
1981, c. D-2, r. 39, s. 2.01; O.C. 1842-82, s. 1; O.C. 1382-99, s. 2.
2.02 Industrial:
The Decree applies to all maintenance work performed for others.
For the purposes of the first paragraph, the maintenance work performed for others also includes the maintenance work performed:
1) by the employee of the owner or administrator of the public building for the tenants in the rented premises of the building and in the common areas used by the tenants;
2) under the direction of a person who is not in the employ of the tenant of a unit, or of the owner or administrator of a public building.
R.R.Q.,
1981, c. D-2, r. 39, s. 2.02; O.C. 1382-99, s. 2.
2.03 Exclusions: The Decree does not apply to:
1) maintenance work performed in the rooms of a hotel or motel;
2) a self-employed worker doing business alone who contracts directly with the owner, tenant or administrator of a public building and who carries out himself, or with his spouse, the children of either one, his father, mother, or the father or mother of his spouse, maintenance work in public buildings for his own benefit;
3) maintenance work performed by an employee of the Québec or Canadian government or the employee of a municipality in the rented premises and common areas for the tenants of a public building of which one of those bodies is the owner;
4) maintenance work performed by an employee of one of the following organizations, owner of a public building, for the tenants of that building in the rented premises and common areas for the tenants of that building: a school board, a college instituted under the General and Vocational Colleges Act (chapter C-29), an education institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), an establishment within the meaning of section 94 of the Act respecting health services and social services (chapter S-4.2), an association of employees within the meaning of the Labour Code (chapter C-27) and a non-profit social and community organization;
5) maintenance work performed by an employee of one of the cooperatives and of one of the non-profit organizations mentioned hereafter, owner of a public building, for the tenants of that building in the rented premises and the common areas for the tenants of that public building: a day-care centre, a stop-over centre, a kindergarten and a childcare centre within the meaning of the Act respecting childcare centres and other childcare services (chapter C-8.2).
6) a janitor residing in a house with several apartments or units or in a co-ownership.
7) maintenance work performed by an employee of a housing bureau, constituted under section 57 of the Act respecting the Société d’habitation du Québec (chapter S-8), which manages a public building owned by the Société d’habitation du Québec.
8) maintenance work performed by an employee of an owner of a private seniors’ residence.
R.R.Q.,
1981, c. D-2, r. 39, s. 2.03; O.C. 867-83, s. 1; O.C. 1810-89, s. 3; O.C. 262-94, s. 2; O.C. 1077-94, s. 1; O.C. 1382-99, s. 2; O.C. 1097-2011, s. 2; O.C. 1190-2013, s. 1; O.C. 964-2014, s. 1.
3.00 Working hours
3.01 The standard workweek is 40 hours.
An employer may schedule the working hours of his employees on a basis other than a weekly basis, where he meets the following conditions:
1) the purpose of the schedule is not to avoid the payment of overtime hours;
2) he has obtained the agreement of the employee concerned;
3) the schedule grants the employee another type of benefit to compensate for the loss of payment of overtime hours;
4) the average number of hours worked is equivalent to the number of hours of the standard workweek;
5) working hours are scheduled over a maximum period of four weeks;
6) the duration of the schedule does not exceed 1 year;
7) he has forwarded a written notice to the Parity Committee at least 15 days previous to the application of the schedule.
A scheduled period may be changed or renewed by the employer on its expiry on the same conditions as those provided for in the second paragraph.
R.R.Q.,
1981, c. D-2, r. 39, s. 3.01; O.C. 275-82, s. 2; O.C. 2526-85, s. 1; O.C. 1382-99, s. 3; O.C. 1436-2001, s. 2.
3.02.
Any work performed at the request of the employer in excess of the hours of the standard workweek shall be paid at time and a half the hourly wage currently paid to an employee, excluding premiums established on an hourly basis.
For the purposes of calculating overtime hours, annual vacations and paid general holidays are considered as working days.
R.R.Q.,
1981, c. D-2, r. 39, s. 3.02; O.C. 262-94, s. 3; O.C. 1382-99, s. 3.
3.03.
The beginning of the workweek is determined by the employer who shall give a written notice to the Parity Committee.
R.R.Q.,
1981, c. D-2, r. 39, s. 3.03.
3.04.
An employee is considered to be at work when he is obliged to remain on the work premises while waiting for the establishment to be unlocked.
The first paragraph does not apply to the meal period provided for in section 4.01.
O.C. 1382-99, s. 5.
3.05.
An employee is considered to be at work during the period of travel between the different publics buildings where he must perform consecutive maintenance work at the request of the employer.
O.C. 1382-99, s. 5.
3.06.
An employee is considered to be at work when he is available to the employer on the work premises and is obliged to wait to be assigned work.
The employee is considered to be at work during any trial or training period required by the employer.
An employee is considered to be at work during the preparation of material required for the work.
O.C. 1382-99, s. 5; O.C. 736-2005, s. 2; O.C. 352-2006, s.2.
3.07.
The employee considered to be at work during the periods provided for in sections 3.04 to 3.06 and in section 4.03 is entitled to the wage corresponding to the one he is paid for the performance of maintenance work.
O C. 1382-99, s. 5.
3.08.
The employee who, after having left the work premises, is called back to work after his standard hours of work at the express request of the employer, is entitled to time and a half his current hourly wage, excluding premiums established on an hourly basis.
The minimum indemnity for hours worked after such a recall shall be equal to 3 hours at his current hourly wage.
R.R.Q.,
1981, c. D-2, r. 39, s. 5.01; O.C. 1382-99, s. 8.
3.09.
The employee called back to work on a paid general holiday is entitled to a minimum indemnity equal to 3 hours paid at his current wage, excluding premiums established on an hourly basis.
He shall also be entitled to the payment of the holiday pay.
R.R.Q.,
1981, c. D-2, r. 39, s. 5.02; O.C. 262-94, s. 6; O.C. 1382-99, s. 8; O.C. 352-2006, s. 4.
3.10.
The employee who reports in to work for his regular work schedule without having been otherwise notified shall receive a minimum hourly remuneration equal to 3 hours at his current hourly wage, excluding premiums paid on an hourly basis.
In the case where the employee regularly performs less than 3 hours of work, the indemnity payable corresponds to his hours regularly worked.
R.R.Q.,
1981, c. D-2, r. 39, s. 5.03; O.C. 262-94, s. 7; O.C. 1382-99, s. 8.
4.00 Meal and rest periods
4.01
After he has completed five consecutive working hours, the employee is entitled to a meal period without pay; that period must not exceed one hour.
Such meal period is paid at the effective hourly rate for the performance of maintenance work where the employee is not autorized to leave his work position or where the employer assigns the employee to work for a period of 12 hours or more.
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. To compute working hours, meal and rest periods are considered as worked time.
An employee who is required by the employer to carry a cellular telephone or another means of communication outside the work premises is not deemed to be at work.
However, the time spent by an employee answering a call from the employer during a meal period is worked at the end of that period.
R.R.Q.,
1981, c. D-2, r. 39, s. 4.01; O.C. 1436-2001, s. 3; O.C. 736-2005, s. 3; O.C. 1082-2005.
4.02 Replaced
R.R.Q.,
1981, c. D-2, r. 39, s. 4.02; O.C. 262-94, s. 4; O.C. 1382-99, s. 6; O.C. 1436-2001, s. 3
4.03. An employee is entitled, as the case may be, to
- 2 paid 15-minute rest periods for every work period of 7 hours;
- one paid 15-minute rest period for every work period of at least 3 hours but less than 7 hours;
- one paid 15-minute rest period per 3-hour work period beyond 7 hours.
Subject to the provisions of a collective agreement, the rest periods are taken at the time determined by the employer.
The employee shall be considered to be at work during the rest period.
R.R.Q.,
1981, c. D-2, r. 39, s. 4.03; O.C. 2526-85, s. 2; O.C. 262-94, s. 5; O.C. 1382-99, s. 7; O.C. 352-2006, s.3.
5.00 Call-back and call-in (Revoked)
5.01. (Revoked)
R.R.Q.,
1981, c. D-2, r. 39, s. 5.01; O.C. 1382-99, s. 8.
5.02. (Revoked)
R.R.Q.,
1981, c. D-2, r. 39, s. 5.02; O.C. 262-94, s. 6; O.C. 1382-99, s. 8; O.C. 352-2006, s.4.
5.03. (Revoked)
R.R.Q.,
1981, c. D-2, r. 39, s. 5.03; O.C. 262-94, s. 7; O.C. 1382-99, s. 8.
6.00 Wage rates
6.01. An employee receives at least the following hourly wage:
1° as of 4 September, 2019:
a) Class A: $18.52;
b) Class B: $18.11;
c) Class C: $19.10;
2° as of 4 September, 2020:
a) Class A: $18.97;
b) Class B: $18.62;
c) Class C: $19.55;
3° as of 4 September, 2021:
a) Class A: $19.47;
b) Class B: $19.18;
c) Class C: $20.05;
4° as of 4 September, 2022:
a) Class A: $19.97;
b) Class B: $19.74;
c) Class C: $20.55;
5° as of 4 September, 2023:
a) Class A: $20.47;
b) Class B: $20.30;
c) Class C: $21.05;
6° as of 4 September, 2024:
a) Class A: $21.02;
b) Class B: $20.91;
c) Class C: $21.60;
7° as of 1 November, 2024:
a) Class A: $21.57;
b) Class B: $21.52;
c) Class C: $22.15.
R.R.Q.,
1981, c. D-2, r. 39, s. 6.01; O.C. 275-82, s. 3; O.C. 2526-85, s. 3; O.C. 1810-89, s. 4; O.C. 262-94, s. 8; O.C. 1382-99, s. 9; O.C. 1436-2001, s. 4; O.C. 352-2006, s.5, O.C. 887-2019, s. 1
6.02 Crew leader :
The employee entrusted with the training of other employees and the supervision of at least 4 of them while performing maintenance work, is entitled to at least the wage provided for in the Decree for his position, increased by a minimum premium of 2% of the hourly wage.
R.R.Q.,
1981, c. D-2, r. 39, s. 6.02; O.C. 1382-99, s. 10; O.C. 352-2006, s.6.
6.03.
When an employee is required to do work entitled at an hourly rate higher than that of his regular classification, such employee is entitled to this higher hourly rate for any hours worked.
R.R.Q.,
1981, c. D-2, r. 39, s. 6.03; O.C. 1382-99, s. 11.
6.04. (Revoked)
R.R.Q.,
1981, c. D-2, r. 39, s. 6.04; O.C. 262-94, s. 9.
6.100 Group retirement plan
6.101
The group retirement plan is administered by the Parity Committee.
6.102.
The employer’s contribution to the plan is $0.45 per hour paid to the employee.
6.103.
The employer must send to the Parity Committee, no later than the 15th day of each month, his contribution to the plan for the preceding month as well as any volunteer contribution from the employee.
O.C. 352-2006, s. 7
6.104.
Sections 6.101 to 6.103 do not apply to an employee who has reached 71 years of age. However, the contribution provided for in section 6.102 must be added to the employee’s hourly rate.
O.C. 1097-2011, s. 10.
6.105.
The employer must, from the first day of employment, have his employees under 71 years of age complete, date and sign the group retirement plan enrolment form provided by the Parity Committee.
It is the employer’s responsibility to ask the Parity Committee to renew its supply of forms in a timely manner.
The employer must send, not later than the 15th day of each month, the enrolment forms, dated and signed by his employees.
7.00 Paid general holidays
7.01. The following shall be paid holidays for regular employees:
1) a) 31 December or 2 January, at the option of the employer, for the employee who has less than 1 year of uninterrupted service;
1) b) 31 December and 2 January for the employee who has 1 year of uninterrupted service;
2) 1 January;
3) Good Friday or Easter Monday, at the option of the employer;
4) the Monday preceding 25 May;
5) 24 June;
6) 1 July;
7) Labour Day;
8) Thanksgiving;
9) 25 December;
10-a) 24 or 26 December, at the option of the employer, for the employee who has less than 1 year of uninterrupted service;
10-b) 24 and 26 December for the employee who has 1 year of uninterrupted service.
The compensatory holiday for the fixed June 24 holiday is governed by the provisions of the National Holiday Act (R.S.Q., c. F-1.1).
R.R.Q.,
1981, c. D-2, r. 39, s. 7.01; O.C. 275-82, s. 4; O.C. 262-94, s. 10; O.C. 1382-99, s. 12; O.C. 736-2005, s. 4.
7.02.
Where a holiday coincides with a working day for a regular employee, the employer shall pay him an indemnity equal to the wage that the regular employee would receive if the day had not been a holiday.
However, after a written agreement between the employer and the regular employee, that indemnity may be replaced by a compensatory holiday equal to the duration of the holiday. In that case, the holiday shall be taken within the 8 weeks preceding or following the holiday.
Despite the first paragraph, where a regular employee works less than 5 days a week under the employee’s regular schedule, the indemnity is equal to 20% of the wages earned during the pay period preceding the holiday. The percentage is 10% if the pay period is 2 weeks.
R.R.Q.,
1981, c. D-2, r. 39, s. 7.02; O.C. 275-82, s. 4; O.C. 262-94, s. 10; O.C. 1382-99, s. 13; O.C. 736-2005, s. 5.
7.03. (Revoked).
R.R.Q.,
1981, c. D-2, r. 39, s. 7.03; O.C. 262-94, s. 10; O.C. 1382-99, s. 14.
7.04.
Whenever a holiday does not coincide with a working day for a regular employee, it may be taken, at the employer’s discretion on the day preceding or following the holiday.
However, after a written agreement between the employer and the regular employee, such holiday may be taken within the 8 weeks preceding or following the holiday.
R.R.Q.,
1981, c. D-2, r. 39, s. 7.04; O.C. 1810-89, s. 5; O.C. 262-94, s. 10; O.C. 1382-99, s. 15; O.C. 736-2005, s. 6.
7.05.
When a holiday for the regular employee does not coincide with a working day and it is not carried over, the pay shall be equal to 20% of the employee’s wages earned during the pay period preceding the holiday. The percentage shall be 10% if the pay period is 2 weeks.
R.R.Q.,
1981, c. D-2, r. 39, s. 7.05; O.C. 262-94, s. 10; O.C. 736-2005, s. 7.
7.06.
To be entitled to the holiday pay, a regular employee or the employee who is not a regular employee must work on the last working day preceding the holiday and also on the first working day following the holiday, except:
1) if he has his employer’s prior consent to be absent for a period of less than 15 days;
2) if he is absent 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);
3) if he is laid off because of lack of work on the last working day prior to the holiday or on the first working day following the holiday;
4) if he is laid off for a period not exceeding 21 days during which the holiday occurred.
R.R.Q.,
1981, c. D-2, r. 39, s. 7.06; O.C. 262-94, s. 10; O.C. 736-2005, s. 8.
7.07.
The regular employee who works on a paid holiday or the day on which the holiday is carried over, where sections 7.02 and 7.04 apply, shall be paid time and a half his hourly wage currently paid in addition to the holiday pay.
O.C. 262-94, s. 10; O.C. 1382-99, s. 17.
7.07.1.
The following are general holidays for employees who are not regular employees:
1. 1 January;
2. Good Friday or Easter Monday, at the option of the employer;
3. the Monday preceding 25 May;
4. 24 June;
5. 1 July;
6. Labour Day;
7. Thanksgiving;
8. 25 December.
The compensatory holiday for the fixed 24 June holiday is governed by the provisions of the National Holiday Act (R.S.Q., c. F-1.1).
O.C. 736-2005, s. 9.
7.07.2.
For each general holiday, the employer must pay the employee who is not a regular employee an indemnity equal to 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday, excluding overtime hours.
O.C. 736-2005, s. 9.
7.07.3.
Where the employee, who is not a regular employee, is obliged to work on one of the days mentioned in section 7.07.1, the employer, in addition to paying the employee the wage corresponding to the work performed on the holiday, is obliged to pay him the indemnity provided in section 7.07.2 or grant him a compensatory holiday of one day. In this case, the holiday must be taken within three weeks before or after that day, unless a collective agreement provides for a longer period.
O.C. 736-2005, s. 9.
7.08.
Sections 7.01 and 7.07.1 do not apply to the employer, bound by a collective agreement within the meaning of the Labour Code (R.S.Q., c. C-27), who grants his employee at least the same number of paid holidays as those prescribed in those sections, provided he sends a list of the paid holidays he intends to grant, along with a copy of his collective agreement, to the Parity Committee before 1 May of each year.
D. 262-94, a. 10; D. 736-2005, a. 10.
8.00 Paid vacations
8.01.
The qualifying period is the 12-month period beginning 1 May of the previous year and ending 30 April of the current year or the calendar year preceding the year during which the employee takes his vacation, if this is the current practice of his employer or that mentioned in the collective agreement.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.01.
8.02.
An employee who, at the end of a qualifying period, has less than 1 year of uninterrupted service shall be entitled to a vacation leave equal to 1.5 days per month of service. Such vacation shall not exceed 3 weeks. The vacation pay shall be equal to 6% of the employee’s total wages earned during the qualifying period.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.02; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.
8.03.
The employee who, at the end of a qualifying period, has 1 year of uninterrupted service shall be entitled to a vacation leave of 3 weeks. The vacation pay shall be equal to 6% of the employee’s total wages earned during the qualifying period.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.03; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.
8.04.
The employee who, at the end of a qualifying period, has 10 years of uninterrupted service shall be entitled to a vacation leave of 4 weeks. The vacation pay shall be equal to 8% of the employee’s total wages earned during the qualifying period.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.04; O.C. 1810-89, s. 6; O.C. 262-94, s. 11; O.C. 887-2019, s. 2.
8.04.1
The employee who, at the end of a qualifying period, has 23 years of uninterrupted service shall be entitled to a vacation leave of 5 weeks. The vacation pay shall be equal to 10% of the employee’s total wages earned during the qualifying period.
O.C. 887-2019, s. 3.
8.04.2.
The employee who, at the end of a qualifying period, has 33 years of uninterrupted service shall be entitled to a vacation leave of 6 weeks. The vacation pay shall be equal to 12% of the employee’s total wages earned during the qualifying period.
O.C. 887-2019, s. 3.
8.04.3
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, and should that absence result in the reduction of that employee’s annual leave indemnity, the employee is then entitled to an indemnity equal, as the case may be, to 3, 4, 5 or 6 times the weekly average of the wages earned during the period worked, according to the number of weeks to which the employee is entitled. An employee referred to in section 8.02 is entitled to that amount in proportion to the days of leave credited to the employee’s account.
O.C. 887-2019, s. 3.
8.05.
The employer must give the employee his vacation pay in a lump sum before the employee goes on vacation or in the manner applicable for the regular payment of his wages.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.05; O.C. 1842-82, s. 2; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.
8.06.
When a holiday falls during the employee’s annual vacation, he shall be entitled to the pay for the holiday, as prescribed in Division 7.00, in addition to his vacation pay.
R.R.Q.,
R.R.Q., 1981, c. D-2, r. 39, s. 8.06; O.C. 262-94, s. 11.
8.07.
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.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.07; O.C. 262-94, s. 11.
8.08.
Any employee may require that his annual vacation be granted to him between 30 April and 1 September.
R.R.Q.,
R.R.Q., 1981, c. D-2, r. 39, s. 8.08; O.C. 262-94, s. 11.
8.09. The uninterrupted service is interrupted when the employee:
1. voluntarily quits his employment;
2. is dismissed for a valid reason;
3. is laid off due to a lack of work for a period exceeding 6 months;
is laid off due to a lack of work, and fails to report in to work within 48 hours following receipt of his recall by a registered or certified letter from his employer at his last known address.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.09; O.C. 262-94, s. 11.
8.10.
Upon written agreement with the employer, the employee entitled to more than 2 weeks of annual vacation may waive that part of his vacation that exceeds 2 weeks, provided that he receives his complete annual vacation pay before leaving for his vacation.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.10; O.C. 262-94, s. 11.
8.11.
The annual vacation shall be taken within 12 months following the end of the qualifying period.
Notwithstanding the first paragraph, the employer may, at the request of the employee, allow the annual vacation to be taken, in whole or in part, during the reference year.
In addition, if, at the end of the 12 months following the end of a reference year, the employee is absent for one of the reasons set out in section 8.04.3 or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual vacation to the following year. If the annual vacation is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.
R.R.Q.,
1981, c. D-2, r. 39, s. 8.11; O.C. 1810-89, s. 7; O.C. 262-94, s. 11; O.C. 736-2005, s. 11; O.C. 1082-2005.
8.12.
The annual vacation may be divided into 2 periods where so requested by the employee. It may also be divided into more than 2 periods where so requested by the employee, provided the employer agrees thereto.
R.R.Q.,
1981, c. D-2, r. 39, a. 8.12; D. 262-94, a. 11.
9.00 Special leave of absence
9.01.
1) On the occasion of the death of a member of his family, the regular employee is entitled to the following leaves, provided he attends the funeral:
- 5 paid days, in the case of the death of his spouse, his child or the child of his spouse;
- 3 paid days and 2 additionnal days without pay, on the occasion of the death of his father, mother, brother, sister;
- 1 day with pay, on the occasion of the death of his father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather, grandmother;
- 1 day without pay, in the case of the death of his son-in-law, daughter-in-law or grandchildren.
2) The pay pertaining to the paid leaves mentioned in paragraph 1 is equal to the amount which the employee would normally receive on such days.
R.R.Q.,
1981, c. D-2, r. 39, s. 9.01; O.C. 1810-89, s. 8; O.C. 262-94, s. 13; O.C. 1436-2001, s. 5; O.C. 736-2005, s. 12.
9.02.
The regular employee who cannot attend the funeral of one of his family members mentioned in section 9.01, because of the distance between his place of residence and the place of the funeral, does not lose his right to such leaves if he provides his employer with the proof that he must take part into traditional ceremonies of condolences following this death.
R.R.Q.,
1981, c. D-2, r. 39, s. 9.02; O.C. 1810-89, s. 8.
9.03.
An employee who is unable to avail himself of sections 9.01 or 9.02 may be absent from work:
1) for 2 days, without a loss in wages, on the occasion of the death or funeral of his spouse, child or the child of his spouse, his father, mother, brother or sister. He may also be absent from work for 3 more days on such occasion, without wages;
2) for one day without pay on the occasion of the death or funeral of his son-in-law, daughter-in-law, one of his grandparents or grandchildren, and also of the father, mother, brother or sister of his spouse.
O.C. 275-82, s. 6; O.C. 1810-89, s. 8; O.C. 262-94, s. 14; O.C. 736-2005, s. 13.
9.04.
The employee is entitled to one day’s leave with pay on his wedding day or day of his civil union. He may also be absent from work without pay on the wedding day or day of the civil union of his child, the child of his spouse, his father, mother, brother or sister.
O.C. 1810-89, s. 8; O.C. 262-94, s. 15; O.C. 736-2005, s. 14.
9.05.
The employee may be absent from work for 5 days on the birth of his child, the adoption of a child, or for a termination of pregnancy in or after the twentieth week of pregnancy. The first two days of absence are paid.
This leave may be taken as separate days at the request of the employee and cannot be taken later than 15 days after the child arrives at the residence of his father or mother or, if such is the case, the termination of the pregnancy.
The employee must notify the employer of his absence as soon as possible.
However, an employee who adopts his spouse’s child may be absent from work for only 2 days, without pay.
O.C. 262-94, s. 16; O.C. 736-2005, s. 15.
9.06.
For the purposes of this section, the definition of relative refers to the definition set out in section 79.6.1 of the Act respecting labour standards (chapter N-1.1).
An employee may be absent from work for 10 days per year to fulfill obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26).
The leave may be divided into days. A day may also be divided if the employer consents thereto.
If it is warranted, by the duration of the absence for instance, the employer may request that the employee provide a document attesting to the reasons for the absence..
The employee must notify his employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.
Subject to the provisions of Division 12.00, the first 2 days of leave taken annually must be remunerated according to the following formula: 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the leave, excluding overtime hours, and with any adjustments required in the case of division. The employee becomes entitled to such remuneration on being credited with 3 months of uninterrupted service, even if he was absent previously. However, the employer is not required to pay remuneration for more than 2 days of absence during the same calendar year, when the employee is absent from work for any of the reasons set out in this section or in section 9.09.
O.C. 262-94, s. 16; O.C. 736-2005, s. 16.
9.07.
An employee may be absent from work, without pay, for a medical examination related to her pregnancy or for an examination related to her pregnancy and carried out by a midwife. The employee shall notify her employer as soon as possible of the time where she will be absent.
O.C. 262-94, s. 16; ; O.C. 352-2006, s.8.
9.08.
A pregnant employee shall be entitled to a maternity leave under the Act respecting labour standards (R.S.Q., c. N-1.1).
O.C. 262-94, s. 16.
9.09.
The employee may be absent from work for a period of not more than 26 weeks over a period of 12 months for any of the reasons set out in section 79.1 of the Act respecting labour standards (chapter N-1.1).
The employee must notify the employer of his absence as soon as possible, giving the reasons for it. If it is warranted by the duration of the absence or its repetitive nature, for instance, the employer may request that the employee provide a document attesting to those reasons.
Subject to the provisions set out in Division 12.00, the right provided for in the sixth paragraph of section 9.06 applies in the same manner to absences authorized under this section. However, the employer is not required to pay remuneration for more than 2 days of absence during the same calendar year, when the employee is absent from work for any of the reasons set out in this section or in section 9.06, in the event that the accumulated days of leave are insufficient.
10.00 Payment of wages
10.01.
Wages shall be paid to the employee in a sealed envelope, by cheque or by direct bank transfer at regular intervals not to exceed 2 weeks.
R.R.Q.,
1981, c. D-2, r. 39, s. 10.01; O.C. 262-94, s. 17; O.C. 736-2005, s. 17.
10.02.
The employer shall remit to the employee, at the same time as his wage, a pay slip containing the following information:
1. the employer’s name;
2. the name of the employee;
3. the employee’s hiring date;
4. the employee’s classification;
5. the date of payment;
6. the work period corresponding to the payment;
7. the number of hours paid at the regular rate;
8. the number of paid overtime hours;
9. paid holidays and annual vacations;
10. the number of sick leave hours paid during the period;
11. the total number of sick leave hours credits;
12. the hourly wage rate;
13. the gross wage;
14. the nature and amount of deductions effected;
15. the net wage paid to the employee;
16. the amount of the employer’s contribution to the group retirement plan during the period and the total contribution during the calendar year;
17. the amount of the employee’s volunteer contribution to the group retirement plan that was deducted by the employer during the period and the total contribution during the calendar year.
In the case of a bank transfer, the pay slip must be remitted to the employee or mailed to him in the week following the bank transfer.
R.R.Q.,
1981, c. D-2, r. 39, s. 10.02; O.C. 1810-89, s. 9; O.C. 262-94, s. 17; O.C. 1382-99, s. 19; O.C. 352-2006, s.9
10.03.
No signing formality other than that establishing that the sum remitted to the employee corresponds to the net wages indicated on the employee’s pay slip may be required upon payment of the wages.
Acceptance of a pay slip by an employee does not entail renunciation of the payment of all or part of the wages that are due to the employee.
An employer may make deductions from wages only when compelled by law, regulation, court order or collective agreement, or under the Decree or a compulsory supplemental pension plan, or where authorized in a writing by the employee for a specific purpose mentioned in the writing.
The employee may cancel such authorization at any time, except when it concerns membership in a group insurance plan or in a supplemental pension plan. The employer remits the sums so withheld to their intended recipient.
O.C. 262-94, s. 17.
10.04.
An employer cannot require an amount of money from an employee to pay for expenses related to the operations and mandatory employment-related costs of the enterprise.
11.00 Special clothing and adapted equipment
11.01.
When an employer requires an employee to wear special clothing, it must be supplied by the employer. The employer does not replace the special clothing unless the employee gives back the special clothing already supplied, otherwise the replacement is paid by the employee.
Where required for the tasks, the employer provides adapted equipment, including protective footwear, stripping boots or shoe cover. The employer must pay the cost of adapted equipment and replace it, if necessary.
R.R.Q.,
1981, c. D-2, r. 39, s. 11.01.
11.02.
When an employee quits his employment, the employee must return the special clothing and adapted equipment that was supplied to him or her.
R.R.Q.,
R.R.Q., 1981, c. D-2, r. 39, s. 11.02.
11.03.
The cleaning and repair of special clothing are the employee’s expense.
R.R.Q.,
1981, c. D-2, r. 39, s. 11.03.
11.100 Occupational health and safety
11.101.
The duration of use of a backpack vacuum cleaner is limited to a maximum of 3 hours per working day, but cannot exceed more than 2 consecutive hours. When the use of a backpack vacuum cleaner exceeds 2 hours in a working day, the employee must interrupt the task for a period of at least 60 consecutive minutes.
12.00 Sick leave
12.01.
A regular employee cumulates at each pay period a credit of sick leave hours equal to 2,44% of the hours paid, excluding vacations.
R.R.Q.,
1981, c. D-2, r. 39, s. 12.01; O.C. 1810-89, s. 10; O.C. 262-94, s. 18.
12.02.
Sick leave hour credits are cumulative from year to year. On 31 October of each year, the employer shall establish the total credits of sick leave hours for each employee.
No later than 30 November of each year, the employer shall inform each employee of the following in writing, with a copy to the Parity Committee:
1. the total sick leave hours to the employee’s credit;
2. the maximum number of cumulative hours of the employee;
3. the amount payable for excess hours, if applicable.
The employee who, on 31 October of a given year, has a credit of sick leave hours exceeding the maximum number of cumulative hours shall receive from the employer, no later than 10 December, the pay for excess hours at his usual rate.
For the purposes of this section, the maximum number of cumulative hours shall be equal to 60% of all hours paid during the last 4 weeks of work by the employee prior to 31 October. In the case of an employee whose regular schedule is 6 days per week, the percentage shall be equal to 50%.
R.R.Q.,
1981, c. D-2, r. 39, s. 12.02; O.C. 1842-82, s. 3; O.C. 1810-89, s. 10; O.C. 262-94, s. 18.
12.02.1.
The indemnities paid under the sixth paragraph of section 9.06 or the third paragraph of section 9.09 are deducted from the employee’s accumulated leave hour credits.
However, if the indemnities are paid to the employee when he has not yet acquired regular status, or when the balance of his leave credit is insufficient or zero, they are deducted from the leave hour credit subsequently accumulated by the employee.
Despite the foregoing, no employer may require or obtain by any other means the reimbursement of the indemnities paid to the employee during the year under the sixth paragraph of section 9.06 or the third paragraph of section 9.09 when the employee has not yet acquired regular status, or when the balance of his leave credit is insufficient or zero, on the ground that the indemnities could not be reimbursed under the second paragraph of this section.
12.03.
Sick leave with pay shall apply to the first day of absence due to illness. The employer may require proof from the employee that he was ill or request a medical certificate before paying him.
R.R.Q.,
1981, c. D-2, r. 39, s. 12.03; O.C. 1842-82, s. 3.
12.04.
In order to be entitled to sick leave with pay, the employee must inform his employer on the first day he is absent unless he is the victim of circumstances beyond his control.
R.R.Q.,
1981, c. D-2, r. 39, s. 12.04; O.C. 1810-89, s. 11.
12.05. (Revoked)
R.R.Q.,
1981, c. D-2, r. 39, s. 12.05; O.C. 1810-89, s. 12.
13.00 Notice of termination of employment or layoff
13.01.
The employer shall give written notice to an employee before terminating his contract of employment or laying him off for 6 months or more.
The notice shall be of 1 week if the employee is credited with less than 1 year of uninterrupted service, 2 weeks if he is credited with one to 5 years of uninterrupted service, 4 weeks if he is credited with 5 to 10 years of uninterrupted service and 8 weeks if he is credited with 10 or more years of uninterrupted service.
A notice of termination of employment given to an employee during the period when he is laid off is null.
This section does not deprive an employee of any right granted to him under the Act respecting labour standards (chapter N-1.1) or any other Act.
R.R.Q.,
1981, c. D-2, r. 39, s. 13.01; O.C. 275-82, s. 7; S.Q., 1982, c. 53, s. 56; O.C. 2526-85, s. 4; O.C. 262-94, s. 19.
13.02. Section 13.01 does not apply to the employee:
1. who has less than 3 months of uninterrupted service;
2. whose contract for a fixed term or for a specific undertaking expires;
3. who has committed a serious fault;
4. whose contract of employment is terminated or who is laid off as a result of a fortuitous event.
O.C. 262-94, s. 19.
13.03.
An employer who does not give the notice prescribed by section 13.01 or who gives insufficient notice shall pay the employee a compensatory indemnity equal to his regular wage, excluding overtime, for a period equal to the period or remaining period covered by the notice to which he was entitled. The indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than 6 months, or at the end of a period of 6 months for a layoff of indeterminate length, or a layoff expected to last less than 6 months but which exceeds that period.
O.C. 262-94, s. 19.
13.04.
In the case of an employee who, under a collective agreement, is entitled to recall privileges for more than 6 months, the employer is bound to pay the compensatory indemnity only from the first of the following dates:
1. the expiry of the recall privileges of the employee;
2. 1 year after layoff.
The employee referred to in the first paragraph shall not be entitled to the compensatory indemnity:
1. if he is recalled before the date on which his employer is bound to pay the indemnity and if subsequently he works for a period equal to or longer than that of the notice prescribed in section 13.01;
2. if he is not recalled owing to a fortuitous event.
O.C. 262-94, s. 19.
14.00 Term
14.01.
This Decree remains in force until 1 November 2024. It is automatically renewed from year to year thereafter, unless one the contracting parties opposes it by sending written notice to the Minister of Labour and to the other contracting party during the month of February of the year 2024 or during the month of February of any subsequent year.
O.C. 262-94, s. 19; O.C. 1382-99, s. 20; O.C. 1436-2001, s. 7; O.C. 352-2006, s.10, O.C. 887-2019, s. 4.
Schedule 1 and regulation
Administrative regions
See administrative regionsRegulation respecting the registration system
See regulationRegulation respecting the monthly report
See regulationLevy Regulation
See regulation