Part I - Act respecting labour standards
CHAPTER V - Recourses
Where the employer fails to pay to an employee the wage owing to him, the Commission, on behalf of that employee, may claim the unpaid wage from that employer.
1979, c. 45, s. 98; 1990, c. 73, s. 43.
It is under paragraph 8) of section 39 and section 98 ALS that the Commission may, in its own name and on behalf of the employee, claim from the employer the unpaid wages. The Commission does not act as a representative of the employee, its mandate comes from the Act. See the interpretation of paragraph 9) of section 1 ALS for the definition of wage.
The Commission’s power to claim the wages owing to an employee is not limited to a maximum amount. Nor is it limited to claiming the hourly rate of the minimum wage if a higher remuneration was agreed to. The Commission may claim any wage owing to an employee. For example, it may claim any commission owing to an employee remunerated on commission insofar as it can submit evidence of this debt to a court.