CPA Montréal

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Decree respecting the automotive services industry in the Montréal region

INTRODUCTION

MINIMUM WAGE INCREASE

Starting April 17, 2020
A new minimum wage under the Decree is effective starting April 17, 2020
 

Starting May 1, 2020

Quebec’s minimum wage is now $12.50/hour following an update to the labour standards
Starting May 1, 2019, the minimum wages in the decree that are less than this rate should be read as $13.10
 

Download the updated minimum wage grid

 

Please note the changes that have been made to the decree effective April 17, 2019

 

The decree version published by the Government of Quebec always prevails on information provided on this website

 

HIGHLIGHTS

Trade of pump attendant

  • As of April 17, 2019, the trade of pump attendant is no longer subject to the Decree

 

Journeyman/apprentice prorata

  • The journeyman/apprentice proprata has been changed from 1:1 to 2:1

 

 

 

DIVISION 3.00 – WORKING HOURS

3.01. The standard workweek is 40 hours scheduled:

(1)       from Monday to Friday, for the apprentice, journeyman, brake mechanic, automatic transmission mechanic, trim man and the alignment and suspension specialist;

(2)       from Monday to Saturday, for the dismantler and the semiskilled worker;

(3)       over no more than 5 consecutive days in the same week for the parts clerk, the messenger, the washer and the service attendant;

(4)  over no more than 6 consecutive days in the same week for all the employees of an employer where the work specified in paragraph a or b of subsection 1 of section 2.01 is performed on heavy road vehicles or combinations of road vehicles or pertains to such vehicles or combinations of vehicles.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.01; O.C. 1386-99, s. 7; O.C. 33-2007, s. 3; O.C. 381-2019, s. 3.

3.02. The standard workday is no more than 10 hours scheduled over a maximum period of 11 consecutive hours.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.02; O.C. 1386-99, s. 7.

3.03. An employee may require a rest period up to 1 hour, without pay, for meals, and the employer cannot require the employee to work more than 5 consecutive hours between each meal. That period is remunerated if the employee is not authorized to leave his work station.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.03; O.C. 296-92, s. 6; O.C. 1386-99, s. 7.

3.04. An employee is deemed to be at work in the following cases:

(1)       while available to the employer at the place of employment and required to wait for work to be assigned;

(2)       subject to section 3.03, during the break periods granted by the Act, the Decree and the employer;

(3)       when travel is required by the employer;

(4)    during any trial period or training required by the employer.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.04; O.C. 1693-82, s. 3; Erratum, 1982 G.O. 2, 2723; O.C. 1386-99, s. 7; O.C. 33-2007, s. 4.

3.05. An employee is entitled to a weekly rest period of 32 consecutive hours.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.05; O.C. 296-92, s. 7; O.C. 1386-99, s. 7; O.C. 33-2007, s. 5.

3.05.1. (Replaced).

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O.C. 632-98, s. 2; O.C. 1386-99, s. 7.

3.05.2. (Replaced).

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O.C. 632-98, s. 2; O.C. 1386-99, s. 7.

3.06. An employee may refuse to work:

(1)       more than 2 hours after regular daily working hours or more than 14 working hours per 24 hour period, whichever period is the shortest or;

(2)       for an employee whose daily working hours are flexible or non-continuous, more than 12 working hours per 24 hour period;

(3)       more than 50 working hours per week;

(4)       if the employee was not informed at least 5 days in advance that the employee would be required to work, unless the nature of the duties requires the employee to remain available or that the employee’s services are required within the limits set out in paragraphs 1 and 2.

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R.R.Q., 1981, c. D-2, r. 46, s. 3.06; O.C. 1386-99, s. 7; O.C. 33-2007, s. 6; O.C. 57-2021, s. 2.

 

3.07. (Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 3.07; O.C. 1693-82, s. 4; O.C. 296-92, s. 8; O.C. 1386-99, s. 7.

 

3.08. (Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 3.08; O.C. 1386-99, s. 7.

 

3.09. (Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 3.09; O.C. 296-92, s. 9; O.C. 632-98, s. 3; O.C. 1386-99, s. 7.

3.10. (Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 3.10; O.C. 1386-99, s. 7.

3.11. (Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 3.11; O.C. 1386-99, s. 7.

DIVISION 6.00 – STATUTORY GENERAL HOLIDAYS

6.01

The following days are statutory general holidays:

  1. 1 and 2 January;
  2. Good Friday or Easter Monday, at the option of the employer;
  3. the Monday preceding 25 May;
  4. 1 July, or 2 July where the first falls on a Sunday;
  5. the first Monday in September;
  6. the second Monday in October;
  7. 25 and 26 December.

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R.R.Q., 1981, c. D-2, r. 46, s. 6.01; O.C. 1386-99, s. 7; O.C. 33-2007, s. 9; O.C. 484-2012, s. 2.

6.02

To be entitled to a statutory general holiday provided for in section 6.01, an employee must have worked on the last working day preceding the holiday and the first working day following that holiday, unless the employee is authorized to be absent in accordance with the Decree, with the Act or by his employer, or unless he is absent for a valid reason and receives no indemnity from the Commission des normes, de l’équité, de la santé et de la sécurité du travail.

An employee who was laid off for less than 20 days preceding or following 1 and 2 January as well as 25 and 26 December, or for less than 48 hours preceding or following the other holidays provided for in section 6.01, is entitled to a statutory general holiday provided for in 6.01 if he worked on the last working day preceding the holiday and the first working day following it.

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R.R.Q., 1981, c. D-2, r. 46, s. 6.02; O.C. 296-92, s. 15; O.C. 1386-99, s. 7; O.C. 33-2007, s. 10.

6.03

The employer must pay to an employee who is entitled to a holiday provided for in section 6.01:

  1. 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, where the holiday coincides with a non-working day for the employee;
  2. an indemnity equal to the remuneration he would have received if he had been at work, where the holiday coincides with a working day for the employee; however, for an employee credited with less than 20 days of uninterrupted service in the undertaking, the indemnity will be calculated in accordance with the terms and conditions of subparagraph 1.

However, for an employee provided for in the second paragraph of section 6.02, the indemnity is equal to 1/20 of the wages earned during the four complete pay weeks preceding his layoff.

A statutory general holiday that coincides with a non-working day may be deferred within 15 days preceding or following the holiday to the working day agreed upon between the employee and the employer.

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R.R.Q., 1981, c. D-2, r. 46, s. 6.03; O.C. 296-92, s. 16; O.C. 1386-99, s. 7; O.C. 33-2007, s. 11; O.C. 484-2012, s. 3.

6.04

An employee who works on one of the holidays provided for in section 6.01 is paid for the hours worked at his wage currently paid, as well as receiving the indemnity for that holiday.

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R.R.Q., 1981, c. D-2, r. 46, s. 6.04; O.C. 1693-82, s. 5; O.C. 296-92, s. 17; O.C. 1386-99, s. 7.

6.05

If an employee is on annual leave on one of the holidays provided for in section 6.01, the employer must pay him the indemnity provided for in section 6.03 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee.

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R.R.Q., 1981, c. D-2, r. 46, s. 6.05; O.C. 1693-82, s. 5; O.C. 1386-99, s. 7.

6.06

St. John the Baptist’s Day is a statutory general holiday under the National Holiday Act (chapter F-1.1).

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R.R.Q., 1981, c. D-2, r. 46, s. 6.06; O.C. 1693-82, s. 6; O.C. 296-92, s. 18; O.C. 1386-99, s. 7.

6.07

(Revoked).

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R.R.Q., 1981, c. D-2, r. 46, s. 6.07; O.C. 1693-82, s. 7; O.C. 1386-99, s. 7; O.C. 33-2007, s. 12.

6.08

(Replaced).

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R.R.Q., 1981, c. D-2, r. 46, s. 6.08; O.C. 1386-99, s. 7.

6.09

(Replaced).

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O.C. 1693-82, s. 8; O.C. 1386-99, s. 7.

6.10

(Replaced).

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O.C. 1693-82, s. 8; O.C. 296-92, s. 20; O.C. 1386-99, s. 7.

6.11

(Replaced).

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O.C. 1693-82, s. 8; O.C. 296-92, s. 21; O.C. 1386-99, s. 7.

6.12

(Replaced).

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O.C. 1693-82, s. 8; O.C. 296-92, s. 22; O.C. 1386-99, s. 7.

DIVISION 7.00 – ANNUAL LEAVE WITH PAY

7.01. The reference year is a period of 12 consecutive months during which an employee progressively acquires entitlement to an annual leave. That period extends from 1 May of the preceding year to 30 April of the current year.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.01; O.C. 1693-82, s. 9; O.C. 296-92, s. 23; O.C. 1386-99, s. 7.

7.02. An employee who, at the end of a reference year, is credited with less than 1 year of uninterrupted service with the same employer during that period, is entitled to an uninterrupted leave for a duration determined at the rate of 1 working day for each month of uninterrupted service, for a total leave not exceeding 2 weeks.

The indemnity for that leave is 4% of the gross wages of the employee during the reference year.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.02; O.C. 296-92, s. 23; O.C. 1386-99, s. 7.

7.03. An employee who, at the end of a reference year, is credited with 1 year of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 2 consecutive weeks.

The indemnity for that leave is 4% of the gross wages of the employee during the reference year.

An employee is also entitled, if he applies therefore, to an additional annual leave without pay equal to the number of days required to increase his annual leave to 3 weeks.

Such additional leave need not follow immediately a leave provided for in the first paragraph and, notwithstanding sections 7.07 and 7.10, it may not be divided, or be replaced by a compensatory indemnity.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.03; O.C. 1386-99, s. 7; O.C. 33-2007, s. 13.

7.04. The employee who, at the end of a reference year, is credited with 3 years of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 3 consecutive weeks.

The indemnity for that leave is 6% of the gross wages of the employee during the reference year.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.04; O.C. 296-92, s. 24; O.C. 1386-99, s. 7; O.C. 57-2021, s. 4.

7.05. An employee who, at the end of a reference year, is credited with 15 years of uninterrupted service with the same employer during that period, is entitled to an annual leave of a minimum duration of 4 weeks, 3 of which are consecutive.

The indemnity for that leave is 8% of the gross wages of the employee during the reference year.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.05; O.C. 1693-82, s. 10; O.C. 296-92, s. 25; O.C. 1386-99, s. 7.

7.06. The annual leave must be taken during the 12 months following the end of the reference year.

Notwithstanding the first paragraph, the employer may, at the request of the employee, allow the annual leave 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 owing to sickness, an organ or tissue donation for transplant, an accident or a criminal offence or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. If the annual leave is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.

Any period of salary insurance, sickness insurance or disability insurance interrupted by a leave taken in accordance with the first paragraph is continued, where applicable, after the leave, as if it had never been interrupted.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.06; O.C. 1693-82, s. 11; O.C. 296-92, s. 26; O.C. 1386-99, s. 7; O.C. 33-2007, s. 15; O.C. 484-2012, s. 4.

7.07. The annual leave may be divided into 2 periods where so requested by the employee. However, the employer may refuse the request if he closes his establishment for a period equal to or greater than that of the employee’s annual leave.

The annual leave may also be divided into more than 2 periods where so requested by the employee, provided the employer consents thereto.

A leave not exceeding one week cannot be divided.

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R.R.Q., 1981, c. D-2, r. 46, s. 7.07; O.C. 296-92, s. 27; O.C. 1386-99, s. 7.

7.08. An employee is entitled to know the date of his annual leave at least 4 weeks in advance.

An employee must notify the employer at least 4 weeks in advance as to when he prefers to take his annual leave.

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O.C. 1693-82, s. 12; O.C. 1386-99, s. 7.

7.09. An employee must receive the indemnity for the annual leave in a single payment before the leave begins.

However, when the annual leave is divided in accordance with section 7.07, the indemnity shall correspond to the fraction of the annual leave.

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O.C. 1693-82, s. 12; O.C. 1386-99, s. 7.

7.10. Employers are prohibited from replacing a leave provided for in sections 7.02 to 7.05 by a compensatory indemnity. At the request of the employee, the third week and, where applicable, the fourth week may, however, be replaced by a compensatory indemnity if the establishment closes for 2 weeks on the occasion of the annual leave.

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O.C. 1386-99, s. 7.

7.11. Should an employee provided for in sections 7.03 to 7.05 be absent owing to sickness or an accident 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 2, 3 or 4 times the weekly average of the wage earned during the period of work. An employee provided for in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to his account.

Notwithstanding the first paragraph, the annual leave indemnity must not exceed the indemnity to which the employee would have been entitled if he had not been absent or on leave owing to a reason provided for in the first paragraph.

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O.C. 1386-99, s. 7; O.C. 33-2007, s. 15.

7.12. Where an employee quits his employment, he receives the indemnity related to the leave acquired before the preceding 1 May, if the leave was not taken, as well as the indemnity due to him for the period which has elapsed since that date.

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O.C. 1386-99, s. 7.

7.13. No employer may reduce the annual leave of an employee or change the way in which the indemnity pertaining to it is computed, in comparison with what is granted to other employees performing the same tasks in the same establishment, for the sole reason that the employee usually works less hours each week.

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O.C. 33-2007, s. 16.