Decree respecting the automotive services industry in the montréal region
DIVISION 6.00 – 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.
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.
(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.
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.
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.
St. John the Baptist’s Day is a statutory general holiday under the National Holiday Act (chapter F-1.1).