CPA Montréal

Your partner for a skilled and certified workforce

30 September

Thanksgiving 2019 // 2nd Monday of October

As every year, Thanksgiving will be celebrated on the second Monday of October. This year, it falls on October 14, 2019

 

WHAT YOU NEED TO KNOW

Employer

The employer must grant the employee a statutory general holiday for the day of October 14, 2019

Employee

To have a right to the statutory general holiday, the employee must satisfy the first two (2) conditions or the third (3rd) condition:

  • The employee must have worked on the last working day preceding the holiday
  • The employee must have worked on the first working day following the holiday
  • Should the employee be absent on one or two of the working days mentioned above, he still has a right to the statutory general holiday if the employer, the Decree or the Act allows it or if he is absent for a valid reason

Working days as defined in the Decree

Working days are counted as the employee’s days of work and not as operating days of the employer’s establishment

 


CALCULATION OF THE INDEMNITY TO BE PAID

Working day for an employee

  • The employee has a right to an indemnity equal to his standard workday
  • If the employee has less than 20 days of uninterrupted service, he will have a right to an indemnity equal to 1/20 of the wages earned during the four (4) complete weeks of pay preceding the week of the holiday, excluding overtime

Non-working day for an employee

  • The employee has a right to an indemnity equal to 1/20 of the wages earned during the four (4) complete weeks of pay preceding the week of the holiday, excluding overtime
  • Since the statutory general holiday coincides with a non-working day, it may be deferred within 15 days preceding or following the holiday to the working day agreed upon between the employee and the employer

 


FAQs

Does the employer have the right to move the holiday?

  • Since the provisions of the Decree are of public order, the employer must comply with all the statutory general holidays mentioned in the Decree, unless an exception authorizes the employer to move them (for example, a non-working day for an employee)

Is an employee who works on a statutory holiday paid overtime?

Yes:

  • The holiday indemnity is payable in addition to the hours worked
  • Time over 10 hours per day including the statutory holiday is paid as overtime (+50%)
  • Time over 40 hours per week including the statutory holiday is paid as overtime (+50%)

 


IMPORTANT

The above information is provided for information purposes only. It does not replace the Decree

Please see articles 6.01 to 6.05 of the Decree