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Section 59.1

Exception

This division does not apply to an employee who, under a collective agreement or decree, is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number of days to which employees to whom this division applies are entitled, nor to an employee in the same establishment who is entitled to a number of non-working days with pay, in addition to the National Holiday, equal to or greater than the number stated in the collective agreement or decree.

Calculation of indemnity

However, notwithstanding any provision contrary to the collective agreement or decree, the indemnity for a non-working day with pay shall be computed, in the case of an employee referred to in section 42.11 or 1019.4 of the Taxation Act (chapter I-3), on the basis of the wages increased by the tips attributed under that section 42.11 or reported under that section 1019.4.

1990, c. 73, s. 18; 2002, c. 80, s. 18.

Interpretation

The provisions regarding statutory general holidays do not apply to employees who are entitled to at least seven days of paid leave in addition to the National Holiday under a collective agreement or decree. Neither do these provisions apply to employees in the same establishment who are entitled to a number of days of paid leave, in addition to the National Holiday, at least equal to that provided for in this agreement or decree (without necessarily being subject it).

This means that an employee who is governed by a collective agreement which provides for more non-working days with pay than the Act respecting labour standards, but who is not entitled to them because he is on probation, for example, will be subject to the section of the Act on statutory general holidays and non-working days with pay.

Moreover, the "floating holidays" provided in certain collective agreements may be considered as equivalent to statutory holidays for the purposes of the application of section 59.1 ALS.

The "establishment" is the physical location where the work is carried out (see the interpretation of section 41.1 ALS).

Employee who receives gratuities or tips

Since May 1, 2003, these employees must in all cases receive an indemnity calculated on the basis of the wages earned increased by reported or attributed tips, regardless of whether the employees are unionized or not.