Decree respecting the automotive services industry in the montréal region

* The year is the period during which an apprentice acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only the annual leave, the special leaves and the paid statutory general holidays are taken into account in the computation of hours of experience.

Take note that hours worked by employees between 9 p.m. and 7 a.m. attract a premium of 0.75 of the hourly rate actually paid.

Wages must be paid in cash in a sealed envelope, by cheque or by bank transfer by Thursday at the latest.

An employee is deemed not to have received payment of the wages due to him if the cheque delivered to him is not cashable within 2 working days following its receipt.

After agreement with his employees, an employer may pay them every 2 weeks.

The wages of an employee must be paid directly to him, at his place of employment and on a working day, except where the payment is made by bank transfer or is sent by mail. The wages of an employee may also, at his written request, be remitted to a third person.

If the usual day of payment of wages falls on a statutory general holiday, the wages are paid to the employee on the working day preceding that day.

The employer must remit to the employee, together with his wages, a pay sheet containing sufficient information to enable the employee to verify the computation of his wages. Such pay sheet must include, in particular, the following information, where applicable:

(1) the name of the employer;

(2) the name of the employee;

(3) the identification of the employee’s occupation;

(4) the date of the payment and the work period corresponding to the payment;

(5) the number of hours paid at the current rate;

(6) the number of hours of overtime paid, cumulated or replaced by a leave with the applicable premium;

(7) the nature and amount of the bonuses, premiums, commissions, indemnities or allowances that are being paid;

(8) the current hourly rate;

(9) the amount of wages before deductions;

(10) the nature and amount of the deductions effected;

(11) the amount of the net wages paid to the employee.

The hourly wage rates provided for in section 9.01 are minimum hourly rates. Any commission, bonus, premium and any other form of remuneration must be paid to the employee in addition to the minimum hourly wage rate. No compensation or benefit having pecuniary value may be taken into account in computing the minimum hourly rate.

No signing formality other than that establishing that the sum remitted to the employee corresponds to the amount of net wages indicated on the pay sheet may be required upon payment of the wages.

Acceptance of a pay sheet by an employee does not entail his renunciation of the payment of all or part of the wages that are due to him.

No employer may make deductions from wages unless he is required to do so pursuant to an Act, a regulation, a court order, a collective agreement, an order or decree or a mandatory supplemental pension plan.

The employer may make deductions from wages if the employee consents thereto in writing, for a specific purpose mentioned in the writing.

The employee may at any time revoke that authorization, except where it pertains to membership in a group insurance plan, or a supplemental pension plan. The employer shall remit the sums so withheld to their intended receiver.

Any gratuity or tip paid directly or indirectly by a patron to an employee who provided the service belongs to the employee of right and must not be mingled with the wages that are otherwise due to the employee. The employer must pay at least the prescribed minimum wage to the employee without taking into account any gratuities or tips the employee receives.

Any gratuity or tip collected by the employer shall be remitted in full to the employee who rendered the service. The words gratuity and tip include service charges added to the patron’s bill but do not include any administrative costs added to the bill.

The employer may not impose an arrangement to share gratuities or a tip-sharing arrangement. Nor may the employer intervene, in any manner whatsoever, in the establishment of an arrangement to share gratuities or a tip-sharing arrangement. Such an arrangement must result solely from the free and voluntary consent of the employees entitled to gratuities or tips.

No employer may require an employee to pay credit card costs.

An employee called upon occasionally or regularly to perform tasks in different trades receives the hourly wage corresponding to his new trade receiving the most pay and is entitled to all the related conditions of employment.

An employee permanently assigned to a new trade receives the hourly wage corresponding to his new trade and is entitled to all the related conditions of employment.

(Revoked).

The provisions of the Decree must not be less than those provided for in the Act respecting labour standards (chapter N-1.1). The minimum hourly wage rates provided for in the Decree must not be less than the rate the employee would receive if he were remunerated in accordance with the Regulation respecting labour standards (chapter N-1.1, r. 3).

An employer is required to reimburse an employee for reasonable expenses incurred where, at the request of the employer, the employee must travel or undergo training.

No employer may remunerate an employee at a lower rate of wage than that granted to his other employees performing the same tasks in the same establishment solely because of the employee’s employment status, and in particular because the employee usually work less hours each week.

No personnel placement agency may remunerate an employee at a lower rate of wage than that granted to the employees of the client enterprise performing the same tasks in the same establishment solely because of the employee’s employment status, and in particular because the employee is remunerated by such an agency or usually works less hours each week.