La loi vos droits

Employees - Labour standards

Minimum Wage

The law obliges all employers to pay for any work done by employees. Whether you are in training, working on commission or working only a couple of hours at a time, you have the right to the current minimum wage.

In this Infosheet, Éducaloi explains the three types of minimum wage, when and how employers must pay you, and how the Act respecting labour standards protects you in these matters.

What is the minimum wage?

There are different minimum wage rates. They are set by the government of Quebec.

• The general rate of $ 9.00 per hour;
  
• The rate for tip employees of $ 8.00 per hour;
  
• The rate for employees working in the clothing industry of $ 9.00 per hour.

Certain decrees or laws can also set the current minimum wage. Examples include apprentices who work in an apprenticeship program under the Act to foster the development of manpower training.

Are all employees entitled to earn minimum wage?

No. Certain workers aren’t entitled to the minimum wage. Here are some examples:

• students working for a non-profit organization that has a social or community mission, like a summer camp;
  
• interns or apprentices in professional training programs recognized by the law, like articling students in law or interns in accounting;
  
• interns involved in training programs under the Act to secure the handicapped in the exercise of their rights;
  
• workers entirely paid on commission who work in a commercial activity off-site, and whose work hours are not controlled by the employer (this would be the case for a telephone salesperson who calls from home and only receives commission on the sales she makes, for example);
  
• workers employed in fruit and horticultural production, who mainly work on tasks that don’t depend on machines.

When and how must my employer pay me?

Your employer must give you cash (in a sealed envelope) or a cheque that can be cashed within two working days. It must be hand-delivered to you at work and on a work day or, if payday falls on a statutory holiday, it must be given to you on the first work day before the holiday.

Your salary can be paid by bank transfer (commonly called direct deposit), if you first agree to this in writing.

No matter how you are paid, your employer must also give you a detailed pay slip, indicating all deductions so that you may calculate the net pay to which you are entitled.

How do I know if I am a tip employee?

You are a tip employee if your clients usually give you money on top of your salary when you are working and you work in one of the following establishments:

• a hotel;
  
• a restaurant;
  
• a campground;
  
• a bar;
  
• a restaurant that does delivery (pizza delivery person, for example).

You are not a tip employee if you work in a fast-food restaurant or a cafeteria, where there is no table service.

I am a tip employee. How is my salary calculated?

If you are a tip employee, the tips that you earn belong entirely to you. Your employer must pay you the minimum wage regardless of the amount you earn in tips.

If you receive your tips directly, you have an obligation to declare them in writing to your employer at every pay period. This way, your employer can make the necessary calculations for your vacation pay and statutory holiday pay. Don’t forget that you also will have to settle accounts with the ministère du Revenu at the end of the fiscal year!

If your tips are received by your employer, he must give them to you. For example, some establishments can choose to automatically add a service charge to customers’ bills. Here, the tips will be considered declared if they are recorded in the pay sheet and the tax deductions are made there.

You can decide with other tip employees to pool your tips. You can even decide to share them with other workers at the establishment. But your employer cannot force you to share your tips with the other workers, and he also cannot take part in organizing a voluntary tipping pool. It is possible to allow this by agreement, but this requires the voluntary consent of every worker involved.

I worked on a trial basis for 5 hours for a potential employer. Is he obliged to pay me?

Yes. The Act respecting labour standards states that employers must pay at least minimum wage for any work carried out for them. Therefore, the employer must pay you for your work done on a trial basis.

My company has a policy stating that all employees are to be paid on a monthly basis. Is this policy legal?

No. The Act respecting labour standards states that employees must be paid at regular intervals not exceeding 16 days. However, one exception exists: if you hold a management position, the law allows your employer to pay you once a month.

My employer asks me to travel a lot for my job. Does he have to pay me while I am travelling?

Of course he does. You are assumed to be at work and your employer has to pay you whenever he asks you to travel.

Your employer also has to pay you when you are at the workplace, at his disposal and forced to wait to be assigned a task.

I get paid a little more than the minimum wage. Do I have the right to a salary increase if the minimum wage increases?

What you should remember is that your employer must at least pay you minimum wage. The rest depends entirely on your situation. Here are 3 examples:

1. You were hired in November 2008 to work in your employer's factory at the wage of $8,75 per hour. At the time, the minimum wage is $8,50 per hour. In May 2009, the minimum wage goes up to $9. In that situation, your employer must increase your salary to at least $9.
   
   
2. You were hired in November 2008 to work in your employer's factory at the wage of $9,50 per hour. At the time, the minimum wage is $8,50 per hour. In May 2009, the minimum wage goes up to $9. Your employer is not obliged to increase your salary.
   
   
3. You and your employer agreed together that your salary would be the minimum wage plus $0,75. In that case, your employer must increase your salary when the minimum wage increases. Your employer does not do this because of a labor standard, but because that's what's in your contract.

Be careful! A salary is something negotiable. Nothing stops your from telling your employer that the minimum wage increased and that it only seems fair to you to see your paycheck grow a little.

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]