An employee is remunerated at an hourly rate of $12.50. He usually works 8 hours a day. Whatever the status of this employee, his indemnity must correspond to 1∕20 of his wages of the 4 weeks preceding that of the National Holiday:
He works 5 days a week and earns weekly wages of $500. His indemnity is calculated as follows:
Step 1 :
$500 × 4 weeks = $2,000
Step 2 :
$2,000 ÷ 20 = $100
This full-time employee will receive an indemnity of $100.
For example, he works 5 days the first week, 4 the second, 5 the third and 2 the fourth. As a result, his pays are not always the same. His indemnity is calculated as follows:
Step 1 :
$500 (week 1) + $400 (week 2) + $500 (week 3) + $200 (week 4) = $1,600
Step 2 :
$ 1,600 ÷ 20 = $80
This employee with a variable schedule will receive an indemnity of $80.
He works 5 days a week, but he has only been with the enterprise for 2 weeks. He receives a weekly pay of $500. His indemnity is calculated as follows:
Step 1 :
$0 (week 1) + $0 (week 2) + $500 (week 3) + $500 (week 4) = $1,000
Step 2 :
$1,000 ÷ 20 = $50
As a result, he will receive an indemnity of $50.
He worked 6 days, namely 48 hours, for each of the weeks that preceded that of the National Holiday. According to section 52 of the Act respecting labour standards, the regular workweek is 40 hours. Moreover, overtime must not be considered in the calculation of the National Holiday indemnity. This calculation is made as follows:
Step 1 :
40 hours × $12.50 an hour = $500 (weekly wages, excluding overtime)
Step 2:
$500 × 4 = $2,000
Étape3:
$2,000 ÷ 20 = $100
This employee having worked overtime will receive an indemnity of $100.