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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Wages

Sections
39.1
40
40.1
41
41.1
41.1
42
43
44
45
46
47
48
49
50
50.1
50.2
51
51.0.1
51.1

Section 42

Payment in cash

Wages must be paid in cash in a sealed envelope, by cheque or bank transfer.

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.

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).

 

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