Most of us are confronted with labor standards in our daily lives. Indeed, work is an integral part of society, which is why work must be regulated to protect employees and ensure at least the minimum standards for working conditions.
If you are an employee, you need to know the most common labour standards. Here's everything you may not know about labour standards in Quebec!
What you need to know about the minimum wage
The Act respecting labour standards provides that employees are entitled to a minimum wage. The minimum wage is set by the Quebec government every year. Currently, the minimum wage is set at $14.25 per hour for most employees and $11.40 per hour for employees earning tips. There are exceptions for certain types of employees:
- Students employed in a non-profit organization with social and community focus such as students working in a day camp;
- Interns in a professional training program such as a law clerk;
- Commissioned employees who work in the commercial sector outside the institution and whose hours of work are not controlled.
If you are a tipped employee, you have certain rights. First, your employer must pay you a minimum wage, regardless of your tips. The tips you earn belong to you alone. If you collect your own tips, you must declare them to your employer each payday.
If your employer collects your tips, he or she is required to give them to you. You may decide to share your tips with other employees, but your employer cannot force you to share your tips with others.
What you need to know about working hours
Most people have a standard 40-hour work week. These hours include breaks provided by your employer, but do not include time for meals - "lunch break”.
When you work more than 40 hours per week, you must in principle be paid overtime. Please note that even if your normal working week with your employer is 35 hours per week, it will only be beyond the 40 hours per week that you will be paid overtime.
The Act respecting labor standards has some exceptions for certain types of workers wherein this policy does not apply such as:
- Company executives;
- Agricultural workers;
- Students working for a non-profit organization with focus on social and community work.
Your employer can make sure that you do not exceed the 40 hours of work. They can notify you that overtime is not approved. If you work overtime and it is tolerated and approved, it will usually be paid at one and a half times your regular hourly wage.
In some cases, you may even refuse to work overtime. This will include:
- If you are asked to work more than 2 hours beyond your regular hours, or more than 14 hours of work in a 24-hour period;
- If you are required to work more than 12 hours in a 24-hour period when you are not scheduled to work daily;
- If you are asked to work more than 50 hours in a single week (subject to certain exceptions for some types of employees).
What you need to know about work breaks and weekly rest
You are probably familiar with coffee break at work which usually lasts between 10 and 15 minutes. Your employer is not required by law to give workers coffee break but they can give you one at their discretion and decide how long it lasts. If you take a coffee break, it must be paid.
You are entitled to a meal break as soon as you work five consecutive hours . The minimum meal break is 30 minutes and your employer is not required to pay you during this period.
You are also entitled to a weekly rest period of at least 32 consecutive hours . In principle, your employer cannot force you to work 7 days a week without giving you a day off. However, there may be exceptions to this rule, for example, when a collective agreement allows your employer to stagger the working hours of its employees differently.
What you need to know about the work uniform
Are you a minimum-wage worker required to wear a uniform to work? Do you have to pay for it? The answer is no. According to the Act respecting labour standards, your employer must provide your work uniform free of charge . If you are not paid minimum wage, your employer may deduct money from your salary for the purchase of the uniform. However, this amount should not reduce your salary below minimum wage.
The same applies to the maintenance of your uniform. If you are paid minimum wage, your employer must cover the cost of maintaining your uniform. If you are not paid minimum wage, your employer can deduct money from your paycheck to pay for the upkeep of your uniform, as long as the deductions do not reduce your pay below the minimum.
What you need to know about annual vacation and statutory vacations
The law provides for a minimum amount of vacation time depending on your length of service with your employer. Find out how much you are entitled to depending on your situation:
You have completed less than one year of continuous service : You are entitled to one (1) working day per month of service, up to a maximum of 2 weeks of vacation.
You have completed one to three years of continuous service: You are entitled to two (2) weeks of paid vacation.
You have completed three or more years of continuous service: You are entitled to three (3) weeks of paid vacation.
You are also entitled to a leave of absence allowance based on your gross annual salary. The allowance will be 4% of your salary if you have less than 3 years of continuous service or 6% if you have 3 or more years of continuous service.
What about statutory holidays? Are you entitled to a vacation and is it paid? The answer is yes, generally speaking, you are entitled to time off with pay, but there are certain conditions. First of all, it is the law that determines which days are public holidays. The amount your employer pays you on a public holiday is 1/20 of the wages earned in the 4 weeks of pay preceding the week of the public holiday.
Your employer may ask you to work on a public holiday. However, he must pay you your regular wages plus additional compensation. Your employer may decide to pay you the compensation in cash, according to the calculation above. He can also decide to give you another day off, but they will still have to pay you the cash compensation.
What if your employer does not meet the minimum labour standards in the Act?
There are more minimum standards in the Act respecting labour standards. It is important to become familiar with them as they affect most people every day. Now that you know about some of the standards, what will you do if your employer is not providing the minimum required working conditions?
The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) has jurisdiction in this matter. The CNESST is the organization that makes sure the Act respecting labour standards is followed. Its purpose is to inform the public about labour standards and it is empowered to receive complaints from workers.
Find a labour lawyer now with JuriGo!
So what is the role of a lawyer in all of this? A lawyer who specializes in labour law can advise and represent you in a recourse available under the Employment Standards Act.
For example, if you worked overtime and your employer did not pay you overtime for those hours, you will need to make a claim for unpaid wages. You will certainly need the expertise of a lawyer in order to put all the chances on your side in your appeal.
JuriGo is here to help you find an employment lawyer quickly and efficiently. To get connected to tge right lawyer for your needs, simply fill out the form at the bottom of the page.
We will be happy to put you in touch with a labour lawyer in your area, free of charge and without obligation!