La loi vos droits

Employees - Labour standards

Uniforms, Meals, Coffee Breaks, and Weekly Rest

Your new employer is insisting that you buy the company uniform, which costs a whopping $80! What’s more, he says that you are entitled to only 20 minutes for meal breaks and that your work schedule will consist of continuous 15-day cycles. You wonder whether all these demands are lawful...

In this Infosheet, Éducaloi explains how the law regulates workplace matters such as uniforms, meals, coffee breaks, and weekly rest.

I work for minimum wage and my employer expects me to wear a specific outfit. Who has to pay for this clothing?

Your employer. If you are working for minimum wage, the rule is that your employer has to supply you with the specific clothing required.

However, if you make more than minimum wage, your employer can deduct a certain amount from your salary to pay for the uniform. The amount deducted must not reduce your salary to an amount below minimum wage. Do you think your employer is deducting too much for your uniform? Call the Commission des normes du travail to speak with a customer services agent.

If you are an employee working for tips, to see if you earn more than the minimum wage you must add the tips you receive to your hourly wage.

My employer expects me to wear a particular uniform. It has the name of the business written on it. Who pays for this?

The employer. When the clothing you wear to work identifies you as an employee of the business, the employer is obliged to provide it for free, whatever the salary you earn.

The athletic centre where I work also has a sports equipment boutique. My employer expects me to wear running shoes that they sell. Do I have to buy these shoes?

No. Your employer cannot force you to buy the clothing or accessories that he is selling. If your employer demands that you wear clothing from his store, he must supply them to you for free.

I work in a restaurant. When I break dishes, my employer deducts the cost of the dishes from my pay. Is this legal?

No. Your employer cannot demand any payment to cover the costs of doing business. But be careful! You still have to act responsibly. If you handle money or fragile objects in the course of your work and you are careless, your employer can hold you responsible for the losses that result.

Can my employer deduct amounts from my salary for the use and upkeep of my uniform?

If you earn the minimum wage, your employer cannot deduct money for the upkeep of your uniform from your salary.

If you earn more than the minimum wage, but after deducting the expenses to maintain the uniform, your salary would equal less than the minimum, your employer cannot deduct these sums from your salary.

But if you make more than minimum wage and after deductions for uniform maintenance, your salary is equal to or greater than the minimum wage, your employer can deduct this cost from your salary.

Can my employer refuse to give me a coffee break?

Yes. The Act respecting labour standards does not oblige your employer to give you a coffee break. However, your employer must pay you for the coffee break if he allows you to take one. Your employer determines the duration of the coffee break.

Can my employer restrict my meal break to only 15 minutes?

No. After 5 consecutive hours of work, you are entitled to a meal break of at least 30 minutes. Your employer is not obliged to pay you for the meal break.

At mealtime, I never have time to eat because I am still responsible for answering the phone. Still, my employer continues to deduct a 30-minute meal break from my pay. Is this legal?

No. While meal breaks are generally unpaid, your employer must pay you for any meal break where you are obliged to remain available for work or at your workstation.

For a full month, I have been working 7 days a week. My employer refuses to give me a day off, and he says I may lose my job if I take one. Is this legal?

No. In most employment situations, you are entitled to a minimum weekly rest of 32 consecutive hours. A decree or a collective agreement might allow the employer to change how the employee work hours are staggered.

In the case of agricultural workers, the rest period can be moved to the next week, but only if the worker consents.

The Commission des normes du travail may also authorize employers to stagger their work hours on a basis other than weekly. For example, some companies in the James Bay area require their employees to work 14 consecutive days, after which they are entitled to a full week of rest – well-deserved!

Useful Links :

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