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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.

However, where it is warranted by the seasonal or otherwise intermittent activities of an employer, 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

Section 75 exceptionally allows an employer whose activities are seasonal or otherwise intermittent to add the indemnity pertaining to the annual leave of an employee to the employee’s wages. See interpretation of “seasonal or intermittent” used in section 84.0.3 ALS.

The payment of the indemnity for the annual leave 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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