Minimum wage
In Quebec, all workers have the right to be paid, whether they work full-time or part-time. The law guarantees workers a minimum wage, the rate of which may vary according to specific criteria.
Workers paid at the general rate: Employers are required to pay their workers an hourly rate equal to or greater than the minimum wage, excluding any benefits received by workers.
Workers paid with tips: These workers are paid at an hourly rate below the general minimum wage rate. A tip is an amount added to the sale price, which a customer pays in appreciation of the service received, and which is added to the regular salary of the worker. Consequently, the minimum hourly rate for these workers is calculated excluding tips. Note that it is reserved for a very specific category of workers.
In principle, the tip belongs to the worker who provided the service. It can be paid directly or indirectly, for example when the employer collects the tip at the same time as the bill, or when there is an agreement to share tips among workers. Other cases may arise, for people who work on a piecework or commission basis. The remuneration of these workers must be at least equivalent to the minimum wage.
The minimum hourly wage, whether general or for tipped workers, is revised every year on May 1.
Exclusions and exceptions
Employers are not required to pay their workers for breaks that have not been granted. Similarly, workers are not paid for their meal break, unless they are required to remain at their workstation. Furthermore, certain categories of workers are also excluded from the minimum wage standard:
- Workers of a non-profit organization;
- Trainees (completing legally recognized vocational training);
- Workers paid entirely on commission, working off-site with uncontrollable working hours.
Salary calculation
In Quebec, salary calculation is generally based on the National Occupational Classification (NOC) system, unless salary grids are provided for in collective bargaining agreements.
For most workers, the National Occupational Classification (NOC) system is the Canadian reference for information on salary scales for different occupations. NOC statistical data is updated every five years, and contains information on the conditions for accessing a job and the duties associated with it.
The NOC plays a central role in the hiring of temporary foreign workers, as it determines both the job category and salary level associated with the position sought. Accurate identification of the NOC code is crucial, as it affects the employer’s recruitment procedures for a TFW — and consequently, the worker’s immigration project.
If the worker’s job is governed by a collective bargaining agreement, their salary must comply with the provisions of that agreement. A collective agreement replaces individual contracts, and results from an agreement between the employer and the union. It sets salary scales, which ensure fair remuneration for each job, based on the worker’s level of experience.
Workers, especially temporary foreign workers, can obtain information about their profession, its official title in Quebec, the associated duties, and the typical salary scale for the position. Several tools are available from the federal and provincial governments, including :
CNESST's monCalcul tool
The MonCalcul tool enables workers to estimate the salary and overtime they will be paid, as well as the amounts they will receive from their employer: for vacation periods, statutory holidays, national holidays, sick leave or family/parental leave. Also available to employers, this tool was developed by CNESST based on the Act respecting labour standards.
Salary increases
The worker’s salary may be subject to an annual increase, expressed either as a percentage of the hourly rate, or as a fixed amount.
Average salary increase rates are not set by law or by the government.
They stem from market consensus informed by employer surveys, economic forecasts (inflation, growth, labour market) and collective bargaining outcomes. Businesses then use these rates as benchmarks to establish their own remuneration policy. However, it is important to bear in mind that:
- Salary increases are not mandatory;
- Workers paid the minimum wage must receive an increase in line with the annual review of the minimum wage. This increase is immediate;
- Where applicable, workers are entitled to any salary increase provided for in their contract or collective agreement.
- The average salary increase rate does not prevent workers from negotiating a higher increase.
NOTE: Employers are not required to raise increase their workers’ salaries when the minimum wage is increased each year, as long as their wages remain at or above the minimum hourly rate.
TFW Special
Caution regarding significant salary increases in the TFWP
A Labour Market Impact Assessment (LMIA) and a work permit in the TFWP are only valid for a given position, working conditions, remuneration or workplace. Any substantial change to these conditions of employment requires the employer to submit a new LMIA application and the worker to obtain a new work permit.
As a result, TFWs must understand that they cannot always expand their duties or responsibilities to the extent that their National Occupational Classification changes, or even claim overly generous annual salary increases. This also applies to non-monetary benefits that may be granted – as well as to any proposed salary reductions.
Understanding payroll
Payment must always be accompanied by a pay slip, also known as a “pay stub”, containing details of all deductions and contributions at source.
The pay slip contains a number of items of information that can be used to check the calculation of wages, deductions and contributions:
- Employer’s name;
- Worker’s name;
- Job title;
- Work period covered by the payment;
- Date of payment Number of hours paid at the regular rate;
- Number of overtime hours paid or replaced with time off, including the applicable rate;
- Type and amount of bonuses, allowances or commissions paid;
- Salary rate;
- Gross salary;
- Type and amount of deductions received;
- Net pay amount received by the worker Amount of tips declared by the worker or assigned by the employer.
In principle, workers are paid at least every 16 days. This is provided for in Section 42 of the ALS. However, the employer may choose other pay intervals: weekly, biweekly (14 days) or fortnightly (15 days) – or even deferred payment.
Monthly pay is only permitted in certain specific cases:
- For managers, executives and professionals with high levels of responsibility;
- When this method of payment is stipulated in the contract or in the business’s collective agreement.
Authorized pay frequency according to the type of worker or situation:
At least every 16 days
Monthly payment possible
Flexible frequency depending on contract
Frequency determined by private agreement
Final payment within six days
The CNESST “Ma paye, ça compte” app
Developed by the CNESST specifically for workers, the “Ma paye, ça compte” mobile app allows them to:
- Record the hours worked and compare them with the hours recorded on the payslip;
- View a summary of total hours worked for one or more employers;
- Keep track of working hours over a given period;
- Stay informed about statutory holidays and ensure they have been paid.
Payroll deductions
In certain specific cases, deductions and contributions may be made directly from gross salary at source. While most of these require the worker’s prior written authorization, some apply automatically.
Employers are only authorized to make deductions from pay in very rare and strictly regulated cases, primarily to meet an obligation established by:
- Law – as is the case of income tax, which is deducted at source in Canada;
- Regulation, court order;
- Collective agreement;
- Decree;
- Supplementary health or retirement plan that workers are obliged to join.
In all other cases, no deductions may be made without the worker’s written authorization (reason for deduction, amount, duration and frequency, etc.).
There are two exceptions in which a deduction may be made without the worker’s written authorization:
- The first exception is the Voluntary Retirement Savings Plan, in businesses required to offer such a plan. Worker enrolment is automatic – although workers may choose to opt out.
- The second exception is for meal and accommodation expenses (excluding domestic help who lives and eats at home), provided that the conditions for deduction are met.
Expenses related to the business’s operations cannot be deducted from the pay of the worker who incurred the expense, whatever the reason (credit card charges, loss due to breakage or theft, etc.).
Expenses borne by the employer
Expenses incurred by certain workers in the performance of their duties are borne by the employer – and therefore cannot be deducted from salary.
Two main categories of expenses may, depending on the case, be borne by the employer:
- The cost of purchasing and maintaining work clothing or uniforms;
- The cost of purchasing of mandatory materials, equipment/tools or merchandise.
These expenses fall under the employer’s responsibility, when the worker is paid the minimum wage. If the worker is paid more, they may be asked to contribute to all or part of these costs, up to the actual amount paid for the purchase or maintenance of the clothing or equipment, but only if their salary remains equal to or higher than the minimum wage.
In the case of work clothing/uniforms, there are two exceptions:
- Any clothing that identifies the business must be provided free of charge by the employer, regardless of salary;
- Employers cannot compel their workers to purchase clothing that they sell.
In the case of material/equipment purchases, no deductions from wages can be made without the worker’s prior authorization.
If the employer supplies the equipment themselves, they must ensure that it meets current safety standards.
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Employer obligations for TFWs covered by the low-wage stream of the TFWP
Employers who recruit and employ low-wage temporary foreign workers are subject to a number of legal obligations.
The employer is required to pay for private health insurance covering emergency medical care, for any period of employment during which the TFW is not covered by the RAMQ plan
Return trip to the TFW’s country of origin paid for by the employer
Recommended, not mandatory
In a language understood by the TFW
Provision of housing to the TFW, whether free of charge or not, is not always mandatory, as is the case with the SAWP or the agricultural stream of the TFWP.
Under the low-wage stream of the TFWP, the employer may have housing obligations for the TFW if they are recruited in a remote or rural area, where few housing units are available.
Employment and Social Development Canada (ESDC) requires employers to provide low-wage TFWs with suitable and affordable housing, or at least to ensure that such housing is available to the TFW. ESDC may require proof that such accommodation is indeed available in the TFW’s destination territory.
Failure to comply with these requirements may result in administrative and criminal penalties.
