Civil law

Other

Can Leila insist on being paid for her five days of training?

Yes. The Labour Standards Act states that the hours an employee spends in training, whether it’s on-the-job or in a classroom, are work hours. The employer has to pay you for this time.

If the employer requires you to go through a trial period to evaluate your work and decide whether to hire you, this period is also considered training and is subject to the same rules. He must pay you for it.

Basically, once you enter the workforce, there’s no such thing as mandatory volunteer work!

Can Leila’s boss make her pay for mistakes she makes at the cash register?

Generally, no.

Anyone with a business has to expect to lose a little money here and there. A client who bounces a cheque or pays with a stolen credit card, a waiter who drops a plate, a cashier who makes a mistake, etc, all these losses are considered ‘operating costs’. Employees do not have to pay for them.

However, nothing stops an employer from asking you to sign an agreement to reimburse any errors you make at the cash. This agreement can’t stop you from bringing a complaint to the Commission des normes du travail if you think the employer is unfairly asking you to reimburse too much. (The Commission is a government body that enforces rules about employement.)

In fact, you can demand that your boss prove that you were the one who made the mistake. For example, if four different employees had access to the cash that day, it isn’t fair to make you pay the whole amount just because you were the one closing up.

Even if you agree to pay for your mistakes, the employer must get your written permission to deduct those amounts from your salary.

But keep in mind that even if you don’t have to pay for missing money or broken plates, your boss can take this into consideration when evaluating your work. Don’t expect to work long in sales if your cash never balances, or to get a big raise if dishes shake when you're around!

Can Leila's boss make the staff split their tips?

No. A tip is given for the quality of service, so it belongs to the employee who earned it. After all, you’re the one who impressed the customer with your friendly, rapid, attentive service!

However, the staff might decide for themselves that it’s easier, more motivating or fairer to split tips equally, or according to certain rules they come up with. Each employee can decide whether to be a part of this tip-sharing agreement. However, if, this kind of agreement already exists when you are hired, you have no choice but to participate.

Can the employer force Leila to dress a certain way? Does he have to pay for her uniform or its upkeep?

An employer can require employees to wear a uniform or follow a specific dress code. But who has to pay for the clothes? Well, it depends on the situation. Let’s take a look at some of the rules.

If you have to wear a uniform, the employer has to provide it for free. A “uniform” is a mandatory outfit that is the same for all employees and is specific to the employer, A uniform will often include the company’s logo and a not-so-hot baseball cap!

However, an employer is not obliged to pay for clothes that you have to wear to respect a "dress code". When you have to dress according to certain rules, such as wearing a black skirt, but the clothes each employee wears are not exactly the same, this is a dress code. Usually, an employee is responsible for stocking up her wardrobe to have clothes that meet a dress code. But if you make minimum wage, your employer has to pay for any special clothing to meet a dress code.

If your employer is responsible for paying for the cleaning of your work clothes, he can deduct this cost from your paycheck, However, these deductions can never bring your salary below minimum wage.

If you work in a clothing store, you should know that the employer is not allowed to force employees to buy the clothing or accessories sold by the store. If the employer does this, you can file a complaint with the Commission des normes du travail.

Does an employer have to give coffee breaks and meal breaks?

No, an employer does not legally have to give you coffee breaks. However, if the break is granted, this is counted as part of your work hours and must be paid.

As for meals, the law provides that employees have the right to a 30-minute meal break every time they work five hours in a row. This period does not have to be paid. However, the employer does have to pay the employee if she is required to eat during her work hours. For example, if you are the only cashier at a dépanneur, or the only receptionist in the office, and your employer asks you to continue serving clients while eating, you must be paid for this time.

Can an employer force employees to work during statutory holidays?

Yes. But if he does this, he must pay them for this time or offer them a one-day paid holiday instead.

If they are paid for this time, the pay is calculated based on certain criteria, but basically amounts to one day’s salary. The day off must be taken three weeks before or after the holiday.

St. Jean Baptiste Day (June 24th) is a slightly different story. First of all, the employer can only require employees to work on this holiday if he belongs to a special category of businesses that don’t close during statutory holidays (restaurants, hotels, health services, etc). Second, the day off offered in exchange must be taken either the day before or after the 24th of June (or the 25th if the 24th is a Sunday).

Leila is under 18 years old. Can her parents tell her how to spend the money she makes working?

No. Once a person is 14 or older, she is generally allowed to manage her money alone. This rule isn't in the Labour Standards Act; it's in the Civil Code of Quebec.

Of course, since Leila is not yet an adult, there are still some limits on what types of things she can buy. (Check out Clara’s story in Don't Just Charge It). There are also restrictions when it comes to signing certain types of contracts, like apartment leases. (Find out what happened to Patrick and Fred in King of the Castle - Not Exactly...

My employer isn't respecting my rights. What can I do?

If an employer isn’t respecting the rules, you can file a complaint with the Commission des normes du travail, a government body that enforces rules about employment.

The Commission will investigate the complaint and if it finds that an employee’s rights have been violated, it can take action. For example, it can make the employer reimburse amounts he illegally deducted from Leila’s salary, or give his employees holidays he owes them, etc.

You should also know that your boss is not allowed to fire, reprimand, suspend or demote you, or otherwise make your life miserable just because you stood up for your rights. If he does this, you can file a complaint with the Commission, even if you were fired. The Commission can order a company to re-hire an employee in some cases.

For more information visit the website of the Commission des normes du travail or contact them if you have any questions.

1. Capsules vidéo sur les normes du travail