Act respecting labour standards
Section 42
Payment in cash
Wages must be paid in cash in a sealed envelope or by cheque. The payment may be made by bank transfer if so provided in a written agreement or a decree.
Presumption
An employee is deemed not to have received payment of the wages due to him if the cheque delivered to him is not cashable within the two working days following its issue.
1979, c. 45, s. 42; 1980, c. 5, s. 2.
Interpretation
The term "wages" is defined in paragraph 9) of section 1 ALS.
In order for the employer to be able to make the payment by bank transfer, the employee must consent thereto in writing. If the bank transfer is not made to a financial institution suitable to the employee, he may refuse to agree in writing to said transfer, unless the transfer as well as the institution have been determined by a collective agreement.
A cheque that cannot be cashed within two working days following its receipt or a cheque without sufficient funds does not constitute payment of wages. In these cases, the Commission des normes du travail may file a claim.
Non-compliance with this provision makes the employer liable to penal proceedings (see the interpretation of subparagraph 6) of section 140 ALS).