Part II - Regulations adopted under the Act respecting labour standards
Regulation respecting labour standards (S.Q., 1979, c. 45, s. 88, 89 and 91; after revision: R.S.Q., c. N-1.1)
This Regulation was passed by the government under Order in council 873-81, on March 11, 1981. It came into force on April 1, 1981. A revised version then came into force on August 1, 1982 and on June 26, 2003. To increase the minimum wage rates, this version of the Regulation was amended on several occasions by various decrees.
In this Regulation, unless the context requires otherwise, the following mean:
remote area: an area that is inaccessible by a passable road and where no regular transport system connects it to the Québec road network;
employee who receives gratuities or tips: an employee who ordinarily receives gratuities or tips and who works
sawmill: establishment where one of the following operations is carried out: sawing, cutting up, planing and all related operations such as drying, piling and delivery, but not including assembly;
public works: construction or engineering works of all types not governed by the Act respecting labour relations in the construction industry (R.S.Q., c. R-20), carried out on behalf of one or several government departments, or on the behalf of any commission or corporation directly under the authority of one of these departments;
works on the territory of the James Bay region: works carried out on the territory of the James Bay region and realized under the charge of Hydro-Québec, the Société d'énergie de la Baie James or the Société de développement de la Baie James.
The use of the expression "employee who ordinarily receives gratuities or tips" refers to the notion of regularity in the payment of the gratuity or tip rather than the quantity of the gratuity or tip. The decisive element consists of checking if the majority of patrons generally tip the employee in question.
Moreover, it is customary for patrons to give the tip to the person who renders the service. Indeed, the jurisprudence has ruled that the person who renders the service to the patron is entitled to the gratuity or tip. For example, the staff members of a restaurant who take care of administration or maintenance do not provide direct services to the clientele in the room where the meals are served when the patron arrives. By reason of this fact, this staff cannot be considered employees who ordinarily receive gratuities or tips.
This definition of "employee who ordinarily receives gratuities or tips" specifies the types of undertakings in which an "employee who ordinarily receives gratuities or tips" works:
See the interpretation in section 4 RLS.
R.R.Q., 1981, c. N-1.1, r. 3, s. 1; S.Q. 1986, c. 89, s. 50; O.C. 1288-90, s. 1; O.C. 638-2003, s. 1.