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Act respecting labour standards
Section 99

Claim of other benefits

Where the employer fails to pay the other pecuniary benefits resulting from the application of this Act or a regulation, the Commission may claim these benefits on the basis of the usual hourly wage of the employee and his gratuities or tips declared and attributed under sections 42.11 and 1019.4 of the Taxation Act (chapter I-3).

1979, c. 45, s. 99; 1983, c. 43, s. 12; 2002, c. 80, s. 60.

Interpretation

In addition to wages, the Commission may claim payment of pecuniary benefits resulting from the application of the Act or a settlement, such as the annual leave, prior notice and statutory holiday indemnities, on the basis of the employee’s hourly wage. The Commission may not submit a claim for benefits ensuing from the individual conditions of employment not stipulated in the Act. For example, the Commission could not make a claim for sick leave, as no provision of the Act provides for an indemnity for such leave.