Where, following an inquiry, the Commission considers that an amount of money is due to an employee in accordance with this Act or the regulations, it shall demand, by notice in writing, that the employer pay such amount to the Commission within 20 days of the sending of the demand notice.
The Commission shall at the same time send a notice to the employee indicating the amount claimed on his behalf.
1979, c. 45, s. 111; 1990, c. 73, s. 49; 1992, c. 26, s. 13; ; 2008, c. 30, s. 6.
The 20-day waiting period mentioned in the first paragraph is calculated from the day of the mailing of the putting in default and not the day of its receipt.
The Commission must also send the employee a notice indicating the exact amount claimed in his favour. The sending of the notice to the employee does not require any formalities.
This putting in default as well as the sending of the notice to the employee are prior conditions for the coming into existence of the Commission’s right to exercise a recourse on behalf of the employee.