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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Annual leave with pay (section 66 to 77)

Sections
66
67
68
68.1
69
70
71
71.1
72
73
74
74.1
75
76
77

Section 75

Payment of the indemnity

Subject to a provision of a collective agreement or decree, the indemnity pertaining to the annual leave of an employee must be paid to him in a lump sum before the beginning of the leave.

Farm worker

However, in the case of a farm worker hired on a daily basis, the indemnity may be added to his wages and be paid in the same manner.

1979, c. 45, s. 75; 1990, c. 73, s. 27; ; 2002, c. 80, s. 24.

Interpretation

The effect of this provision is to prohibit the employer from paying the indemnity related to the annual leave by weekly installments or otherwise, unless a collective agreement or a decree provides therefor.

The payment of this indemnity must be made in a single installment not later than the date the employee goes on his annual leave or by paying the indemnity in proportion to the annual leave taken in the case of its division or the leave taken early stipulated in section 70 ALS.

Since May 1, 2003, the employer has been allowed to pay the indemnity for the annual leave of a farm worker at each pay, at the same time as his wages, but only if the employee is hired by the day. If the worker is hired on another basis, for example by the week, the indemnity must be paid in the same way as for other employees, namely in a single installment, prior to the start of the leave.

The payment of the indemnity on a basis other than that stipulated here is an offence of a penal nature, not giving rise to a civil claim (the employee having received the indemnity).

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