Labour Standards, Pay Equity and Occupational Health and Safety in Quebec

This article covers common questions related to labour standards, pay equity and occupational health and safety in Quebec. It includes information on statutory holidays, vacation compensation, pay equity evaluation factors, and more. The article also provides links to relevant laws and regulations and explains how the CNESST is financed.

HUMAN RESOURCE MANAGEMENT – 410-CP4-AS
PROJECT #1
INSTRUCTIONS:
As a group project in teams of 2 or 3 people, you must answer questions in relation with
labour standards, pay equity, occupational health and safety and different laws and
regulations.
The objective of this project is to become familiar with the existing laws and regulations
in Québec (in relation with the work environment), including the following:
 Labour standards on various subjects;
 Concept and application of pay equity;
 Regulations about occupational health and safety;
 Where to find relevant laws and regulations.
DOCUMENTS TO BE SUBMITTED FOR THE PROJECT:
 All pages in this document (except this Instructions page) need to be completed
with your answers. Each group submits one document only, paper (in person).
DEADLINE, WEIGHTING AND EVALUATION:
 Deadline: October 11th, noon (right before class).
 Any delay will result in a 10% penalty per day.
 Weighting: 20% of your final grade.
 Evaluation: see marks attributed to each question.
OTHER INSTRUCTIONS:
 When a question refers to “an employee”, assume he/she is not covered under a
specific exception mentioned in the relevant subject, unless something in the
question seems to indicate that an exception is relevant to be explained.
 There are different places to find the answers. Make sure you get familiar with the
different websites shown below.
CNESST Website: http://www.cnt.gouv.qc.ca/en/home1/index.html
Civil Code of Québec: http://legisquebec.gouv.qc.ca/en/showdoc/cs/CCQ-1991
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Act respecting labour standards: http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/N-1.1
Act respecting occupational health and safety:
http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/S-2.1
Students: ____________________________
____________________________
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HUMAN RESOURCE MANAGEMENT – 410-CP4-AS
PROJECT #1
Labour Standards
1. Most of the employees enjoy the statutory holidays because it gives them a free day. In
which ways can an employee benefit from a statutory holiday? 2 marks
On a statutory holiday, employees can benefit in different ways. Employees are entitled
to indemnity on this day and wages to those employees who work on this day.
2. In the labour standards, what is unique (what rules are different) about June 24th,
compared to the other holidays? 1 mark
June 24th is different or unique in the labour standards since all the employees of
QUEBEC are paid on this day.
3. Adam was working in a store for 11 months and got fired even before he could take
any vacation. Briefly explain why he is still entitled to some compensation for his
vacation and how it will be calculated. 3 marks
Adam is entitled to compensation or indemnity due to the fact that he was at some point
employed. The compensation is calculated by multiplying 4% of the total gross annual
wages earned during the period of service.
4. Maria is pregnant. Her expected due date is February 1st and her return to work is
scheduled for December 1st. She has two questions: 3 marks
- What would happen if the department she worked at does not exist anymore when
she returns on December 1st?
In this case, the employee retains the same rights as well as privileges that she
should have been entitled to if the department was still present.
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- If she has a miscarriage (if she loses the baby), can her employer demand that she
comes back to work before December 1st?
In this case, the employer can demand that she returns to work before the end of
the leave especially 3 weeks after termination unless the medical certificated
dictates the need for an extended vacation.
5. How many days can an employee miss per year, without pay, to take care of a relative?
1 mark
In this case, the employee has ten days’ vacation to take care of a relative without pay.
However, the employee should have been in service for more than 3 months.
6. How many days can an employee miss, without pay, if his/her spouse was murdered?
1 mark
In the event of murder of the spouse, the employee can miss work for up to 12 weeks.
7. How many days can an employee miss, with pay, if his/her son gets married on a day
that this employee usually works? 1 mark
For the case of marriage, the employer is only supposed to miss one day without pay.
8. What is the current minimum wage in Québec, as of October 2017, for employees
working in a clothing store like H&M? 1 mark
Since May 2017, the minimum wages for people working in clothing stores like H& M is
$11.25 an hour. From May 2018, the minimum wage increased to $12 per hour.
9. Is it acceptable for an employee working part-time in a company to receive a lower
hourly wage than the other employees who do the same job in full-time positions? Briefly
explain. 2 marks
It is not acceptable. This is because all the employees are working for the same duration
and with the same conditions that the permanent employees also work and they are
therefore entitled to the same salary.
10. If an employee of a bar earns generous tips that represent 10 times the minimum
wage, does the employer still need to pay him/her the minimum wage? Your answer
could be based on what section of the Act respecting labour standards? 2 marks
According to the Act respecting labor standards, the employer is not supposed to still pay
the employee minimum wages after generating tips. There should be an arrangement on
how well to share the tips.
11. After working for 5 hours in a row, is an employee entitled to be paid during his
lunch break? Comment. 2 marks
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After working for 5 hours consecutively, the employment is entitled to 30 minutes break
without pay. However, the employee should be paid if he/she is not able to break for
lunch while on duty.
12. Under what circumstances would it be acceptable for an employee not to receive any
extra money for overtime even if he/she worked more than 60 hours a week? 1 mark
If an employee works in canning, packaging and freezing fruits during the harvest period
and a managerial personnel of an enterprise.
13. A company is about to hire a 13-year-old boy. List two things that the employer needs
to respect to be compliant. 2 marks
The type of work
The period which the child should do it.
14. Julia has been working at a telecom company as a customer service representative for
6 years. Unfortunately, she might lose her job. 3 marks
- How many days in advance does she need to get a notice before she has to leave?
According to the act, the employer is supposed to issue a notice of termination
more than 4 weeks to the date of termination for employees who have worked
between 5-10 years.
- Are there any exceptions to your previous answer?
There is an exception to an employer who has worked for less than 3 months. In this case,
no notice is supposed to be issued.
15. When Lowe’s (an American company) acquired Rona, a hardware store from
Québec, in 2015, what was the impact on Rona’s workers in regard with labour
standards? Your answer could be based on what section of the Act respecting labour
standards? 2 marks
The acquisition of any enterprise does not affect the application of the labour standards in
any way.
16. What section and article of the Civil Code allows the employer to consider the
contract of employment terminated if the employee passes away? 1 mark
The section of the labor Act.
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Pay Equity
17. True or false? Pay Equity and Equal Pay are synonyms. Briefly explain. 2 marks
This is false. This is because Pay Equity refers to a comparison in the value and pay
among different jobs like a nurse and an electrician. Equal pay on the other hand is a
comparison in the pay of same jobs.
18. What factors are used to evaluate different jobs? 4 marks
There are different factors used to evaluate jobs and the most common ones include skills
such year of experience, level of education and finally the level of overall ability.
Another factor is responsibilities which includes number of direct reports, fiscal
accountability and the responsibilities of the job. The third factor is mental and the
physical efforts involved. The final factor that is used to evaluate jobs is the working
condition.
19. Briefly explain why the Pay Equity program can benefit both men and women. 2
marks
This pay equity program is very beneficial to both women and men in that it eliminates
any form of discrimination among the employees.
20. How often does the employer need to audit the pay equity in the company? 1 mark
On a yearly basis.
21. How often does the employer need to file a report on pay equity to the government? 1
mark
On an annual basis.
22. in a company that has more than 99 employees, who will be taking decisions in
regard with the pay equity program? 1 mark
It is the bargaining agents who is responsible in taking the decisions on behalf of the 99
employees.
Occupational Health and Safety
23. How is the Income Replacement Indemnity adjusted to account for inflation? 1 mark
It is usually adjusted by establishing the gross yearly employment income and the all
employment income that an employee loses.
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24. John did not survive a terrible accident he had while he was working. You need to
calculate how much his wife will receive through two types of indemnities (as a monthly
amount and as a lump sum). List 3 things you need to know to calculate both indemnities.
3 marks
Gross annual employment income of the deceased.
The age of the spouse at death of the husband.
Income replacement indemnity of the deceased at the time of death.
25. Jane had a work-related injury that will prevent her from working for a few weeks.
She thinks she will be able to receive the same paycheque as when she was working.
Comment. 2 marks
In this case, Jane will only receive the full payment on the day of the injury. However,
the first 14 days of the injury will see her receive only 90% of her salary. From the 15th
day, the CNESST will pay indemnity that is equal to 90% of her salary.
26. If an employee thinks he is allowed to refuse working in some conditions because of
health and safety reasons, but the employer disagrees, who will be responsible to decide
which one is right? 1 mark
In this case, it is the CNESST that should decide after reviewing both the health status of
the employee and the health and safety standards at the workplace.
27. Nine months ago, Erik had a work-related injury. As a recent immigrant to Montreal,
he had no idea he could receive indemnities and reimbursements from the CNESST.
Explain why it is too late to submit a Worker’s Claim form. 1 mark
In this case, Erik is very late and is not eligible for indemnities and reimbursements from
the CNESST. This is because claims should be filed within 14 days after the accident yet
it is over 9 months in this case.
28. Erika lives in Montreal, but she had a work-related accident, last summer, when she
was working for a small company in Ontario. Explain if she can be covered by the
CNESST for this accident. 2 marks
In this case, Erika is eligible for compensation by the CNESST. This is due to the fact
that he is employed and the CNESST covers all employees despite their location.
29. How is the CNESST financed? (Where is the money taken to pay the beneficiaries?)
1 mark
The CNESST is usually financed by the employers. The employers contribute premiums
towards the CNESST. However, the premiums are paid by the employees and it is the
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employer who forward to the CNESST on their behalf. The premiums are contributed on
a monthly basis.
Teacher’s comments:
Total /50
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