8. The Act Respecting Labour Standards Flashcards
What is the Act respecting labor standards (ALS)?
Why (if at all) is it important to have labor standards in place?
Is it possible to derogate from the Act?
See ss. 93 and 94 of the ALS.
Google: The Act respecting labour standards sets out the minimum standards for conditions of employment in Québec. It covers wages, holidays and leaves, notices of termination and remedies available to an employee with the CNESST. The Act respecting labour standards is a law of public order.
Section 93: Subject to any exception allowed by this Act, the labour standards contained in this Act and the regulations are of public order.
In an agreement or decree, any provision that contravenes a labour standard or that is inferior thereto is absolutely null.
Section 94: Notwithstanding section 93, an agreement or a decree may grant an employee a more advantageous condition of employment than required in a standard prescribed by this Act or the regulations.
Who does the ALS apply to? (see s. 2)
Section 2. This Act applies to the employee regardless of where he works. It also applies:
- (1) to the employee who performs work both in Québec and outside Québec for an employer whose residence, domicile, undertaking, head office or office is in Québec;
- (2) to the employee domiciled or resident in Québec who performs work outside Québec for an employer contemplated in subparagraph 1;
- (3) (subparagraph repealed).
This Act is binding on the State.
Who is excluded from the ALS? (see s. 3)
Section 3. This Act does not apply
- (1) (paragraph repealed);
- (2) to an employee whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, in that person’s dwelling, including, where so required, the performance of domestic duties that are directly related to the immediate needs of that person, if the employee’s duty is performed on an occasional basis, unless the work serves to procure profit to the employer, or if the employee’s duty is performed solely within the context of assistance to family or community help;
- (3) to an employee governed by the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), except the standards prescribed by the second paragraph of section 79.1, section 79.6.1, the first four paragraphs of section 79.7, sections 79.8 to 79.15, the first paragraph of section 79.16, sections 81.1 to 81.20 and, where they relate to any of those standards, the second, third and fourth paragraphs of section 74, paragraph 6 of section 89, Division IX of Chapter IV, Divisions I, II and II.1 of Chapter V, and Chapter VII;
- (4) to the employee contemplated in subparagraphs i, ii and iii of paragraph 10 of section 1 if the Government, by regulation pursuant to another Act, establishes the remuneration of that employee or the tariff that is applicable to him;
- (5) to a student who works during the school year in an establishment selected by an educational institution pursuant to a job induction program approved by the Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie;
- (5.1) to an athlete whose membership in a sports team is conditional on his continued participation in an academic program; or
- (6) to senior managerial personnel, except the standards prescribed by the second paragraph of section 79.1, section 79.6.1, the first four paragraphs of section 79.7, sections 79.8 to 79.15, the first paragraph of section 79.16, sections 81.1 to 81.20 and, where they relate to any of those standards, the second, third and fourth paragraphs of section 74, paragraph 6 of section 89, Division IX of Chapter IV, Divisions I, II and II.1 of Chapter V, and Chapter VII.
What are the types of exclusions from the ALS?
There are two (2) types of exclusions: total exclusion and partial exclusion.
From cnesst.gouv.qc.ca:
Examples of workers who are totally excluded include:
- self-employed workers
- members of the Canadian Armed Forces
- workers who carry out employment-related activities both in Québec and outside Québec for an employer who does not have a residence, domicile, business, head office or office in Québec
- employees who carry out employment-related activities only outside Québec, but who are domiciled or reside in Québec, for an employer who has no residence, domicile, business, head office or office in Québec
- the staff of an embassy or consulate located in Québec
Workers who are partially excluded: Workers subject to the Construction Decree and senior managers are covered only by labour standards relating to retirement, psychological or sexual harassment and family leave. They are not covered by the other standards.
Who qualifies as a senior manager (ALS)?
From cnesst.gouv.qc.ca:
“The mere fact that a person has the title of senior manager is not enough to establish that this is necessarily the case; at most, this designation can serve as a clue for determining the person’s status.
This problem of title risks coming up in the public service or in big businesses in particular. Indeed, in the public service, it is not unusual for persons to be designated under the name of “senior manager” without however being directly answerable to the deputy minister or the executive director of an agency.”
The hierarchal level: Do you report directly to the head of the company/BoD? Do you manage a team? Do your decisions have large impact?
Discuss minimum wage
Minimum wage (ss. 40, 41, 41.1, 50)
- Wage must be equal or above minimum set by law
- Benefits are not part of minimum wage
- Applies to part-time employees
- Tips are not part of minimum wage
Discuss pay
Pay
- Wages must be paid in cash in a sealed envelope, by cheque or by bank transfer
- Max 16-day intervals / max 1 month for first pay and for certain workers
- Payment to a third party possible w/ written request
Discuss deductions
Deductions (s. 49)
- No deductions to wages unless law authorizes or employee consents
What is a work week?
Work week (ss. 52)
- Regular work week is 40 hours
What is overtime pay?
Overtime pay (s. 55)
- At 150% hourly wage or paid leave (if requested by employee)
What are work periods?
Works periods (ss. 57, 58)
- Deemed working by making yourself available
- 3-hour minimum call in pay (some exceptions)
What are work breaks?
Work breaks (s. 79)
- 30 minutes unpaid for meals for every 5 hours of work (paid if can’t leave work station)
What is weekly rest?
Weekly rest (s. 78)
- 32 consecutive hours of rest per week
Discuss work by children
Work by children (ss. 84.3, 84.4)
- 14+ (unless legal guardian consents)
- Child’s work must not conflict with school hours
- See also the Regulation
From cnesst.gouv.qc.ca:
An employer may employ workers under 18 years of age in their company, but certain conditions apply depending on their age and situation. Furthermore, an employer may not ask a minor to perform work that exceeds their abilities or that might:
- compromise their education
- adversely affect their health or physical or moral development
To hire a young person who is under 14 years of age, an employer must obtain written authorization from one of their parents or their guardian. The employer must keep this authorization for 3 years as if it were an entry in their company register.
Discuss statuatory holidays
Statutory holidays (s. 60)
From ALS–The following days are statutory general holidays:
- (1) 1 January;
- (2) Good Friday or Easter Monday, at the option of the employer;
- (3) the Monday preceding 25 May (Victoria day);
- (4) 1 July, or 2 July where the 1st falls on a Sunday (Canada day);
- (5) the first Monday in September (Labour day);
- (6) the second Monday in October (Thanksgiving);
- (7) 25 December.
