Labour law is defined by the Labour Standards Compliance Act (ALS), which sets minimum conditions of employment. The Commission des normes, de l`équité, de la santé et de la sécurité au travail (CNESST) monitors the application of this law: salary, breaks, leave, sick leave, termination of employment, dismissal, psychological harassment, etc. However, ALS does not apply to everyone (e.g., self-employed, people working for an organization under federal law, students, etc.). A calendar is also available, which facilitates the management of employees` leave and annual leave. Depending on the province of Canada, worker loyalty can be rewarded. In Alberta and Manitoba, for example, employees receive a 3rd week off after 5 years of service. In Saskatchewan, they have access to 3 weeks of paid leave and even 4 weeks after 10 years of service. Below is a sample form to make your holiday choice. It should be reviewed by your department or agency with your immediate supervisor. Please note that you must complete the Absence Approval Form to receive your vacation.
There is also a principle of compensation if a public holiday falls on your public holiday or if it falls on a day that is not normally worked (weekly rest). This is an additional paid leave if you are already on vacation. If this happens outside of your work week, the employer has the choice between a compensatory day or compensation. In order to be more interesting on the job market, more and more companies offer more vacations from the outset than labour standards in Quebec. Exceptionally, some days of leave may be carried over to the following year. The table below summarizes the applicable rules according to working conditions (does not apply to casual workers of less than one year). The provisions of the Convention and the regulations governing the conditions of employment of all categories of employment stipulate that leave must normally be taken in the year in which it is acquired. From 1 April of each year, the worker is entitled to a leave of absence the duration of which is determined by the number of days during which he was entitled to his wages from 1 April of the preceding year to 31 March, in accordance with the cumulative table of the plan.
Lawyers and notaries (art. 124) Civil servants (art. 8-34. 11) Manual workers (art. 8-34. (11) Liberal professions and engineers (art. 4-3. 11) The third week of leave and amendments to the law on compliance with labour standards: the end of a legal saga On the other hand, the employer considers that the amendment to § 69 LSA refers to the reference year ending after 1 January 2019.
If the reference year runs from May 1 to April 30, employees with three (3) consecutive years of service will not be entitled to a third (3) week of leave as of April 30, 2019, the end of the reference year. The law applies to most workers in Quebec, including those covered by a collective bargaining decree. The dates of statutory paid leave and compulsory annual leave are set by collective agreements. Twice a year, the CCQ sends a holiday cheque. If you find yourself in a situation where a deferral request needs to be made, you will receive a notice IRM during the month of February from which you must submit your deferral request for authorization by the designated person in your organization`s delegation plan. Our employment law team regularly monitors changes to relevant legislation to inform clients of their obligations. If an employer allows employees to use accumulated vacation time, that time can be considered planned vacation and cannot count towards vacation time actually taken. A mistake that can be very costly for employers, as they would be forced to let employees repeat their previous vacations. Although early leave may be granted if the worker so wishes, it must be clear that the worker will no longer have this leave in the following reference period, preferably in writing. Holidays cannot be paid continuously in advance.
It may seem surprising to many immigrants that the employment contract in Quebec can be verbal or written. Therefore, your employer will not necessarily issue an employment contract (especially in small businesses), but be aware that the foundations of an employment contract are set by the Civil Code of Québec and the Act respecting compliance with labour standards. It`s common for a recruiter to ask you for references from former employers. You can provide them with a few that they can call to get information about you, your skills, and your attitudes at work. It is therefore important to leave your employer on good terms. As in France, the employer can choose the date of paid leave, but in most cases it leaves the choice to the employee. If your employer closes at a certain time of year (for example, two weeks of construction vacation), you must take your vacation at that time. If you are entitled to more holidays, you can ask to take the rest of your holiday at a different time. As of May 1, 2017, the minimum wage is $11.25 per hour, or $9.45 per hour for tipped employees. They have several holidays that are paid and paid: in France, we are used to the 35 hours that end in 40 hours without the employer doing anything.
In Quebec, it is not common to work overtime for free and can even be frowned upon by colleagues! If you find yourself in one of these situations, you can ask to postpone your vacation to the following year. If your employer refuses, he will have to pay you a salary equal to your annual leave. Some workers are not entitled to vacation leave or statutory holiday pay: Since this amendment to the ALS, there has been an ongoing debate on the application of the amendments to section 69, which has been the subject of shared arbitration. In this regard, both sides of the debate can be reduced to the positions of the different parties to the arbitration. In Quebec, leave is accumulated in one reference year and counted in the following reference year. During the reference year, which is legally valid for the period from 1 May to 30 May. Employees are entitled to take leave or use vacation pay accrued in the previous reference year. Employers may opt for a different reference period, but this should be clearly communicated by means of a directive. The amount of vacation and statutory holiday pay depends on the following two factors: The subject of vacation days in Quebec tends to frighten French people who want to settle there.
However, expatriates are acclimatizing very well to this new rhythm, especially since family life is a subject that is close to the heart of Quebecers. The above facts apply only to leave provided for by law. Employers may have more flexibility on any leave that goes beyond the minimum requirements, but we recommend that you ensure that your contracts and employment policies are clear to avoid misunderstandings. If you lose your job, under certain conditions, you can receive Employment Insurance benefits from the Government of Canada. Important! Your service is considered uninterrupted even if certain events have interrupted your work, such as illness or temporary layoff. Do you work part-time? If you perform the same duties as other employees of the company, your employer must grant you the same leave and pay as described above. You are also entitled to paid leave, the duration of which depends on the cumulative number of months worked. Typically, employees start with 10 days of paid annual leave. There are also 8 holidays a year that do not work.
A pregnant worker may take 18 weeks` maternity leave; The father takes 5 weeks of paternity leave. Both parents can take up to one year of parental leave. It is possible to benefit from advantages. Check with the Québec Parental Insurance Plan. Depending on the collective agreement you belong to, you may have a few extra days off. The employees obviously like giving an extra week or two. One day per month of service up to a maximum of two weeks of vacation. The contract can be temporary (fixed-term) or permanent (indefinite). In the event of a breach of contract, the employer and employee must give reasonable notice (usually 15 days, but longer if you have held a position of responsibility or for at least two years). The employer must provide you with a certificate of employment showing all the hours you worked.
In the event of dismissal deemed unjustified, the employee may file a complaint with the Commission des normes, de l`équité, de la santé et de la sécurité au travail (CNESST). Compared to the France, it is low. Let`s take stock of the paid leave, leave and company agreements that often exist. National Truth and Reconciliation Day (September 30) is not a statutory holiday in the 2021-2025 collective agreements negotiated by employers and unions. If you have any questions about this, please contact your association.