Compliance with rules for hiring, pay and mobility of employees

Hiring

Hiring workers holding a valid competency certificate and assigning work in compliance with their trade jurisdiction

Any person performing construction work in the sense of the Act must hold a valid right-to-work document (a valid competency certificate, an exemption, etc.). As an employer, it’s up to you to check the validity of these right-to-work documents.

What is a right-to-work?

There are 4 kinds of rights-to-work in the construction industry:

1. Competency certificate:
   
   
   • Apprentice — confirms that its holder is apprenticing in a trade and that the holder must perform only the tasks related to the trade in which the holder is apprenticing. 
   • Journeyman — confirms that its holder is qualified to practise a trade, a specialty or a task that is part of a trade. 
   • Occupation — confirms that its holder may perform a task related to an “occupation”, that is not related to a trade (see definitions in Schedule B of the collective agreements). 
2. Exemption from holding a competency certificate: confirms that its holder is exempt from holding an apprentice competency certificate, journeyman competency certificate or occupation competency certificate. This type of right-to-work is often limited to a region, employer or particular task, etc. Note that, exceptionally, the CCQ may issue an exemption in special cases (e.g., the child of an employer, labour shortage or indispensible person, etc.). This exemption may come with certain restrictions such as allowing the performance of only specific tasks for a specific employer and for a limited period of time.
3. Confirmation number for procedure, according to the labour pool situation: this number is issued temporarily and under certain conditions further to a reservation in a labour pool. It allows an employee to practice a trade or occupation in the region for which the reservation is made while the employee is undergoing the procedure to obtain a right-to-work. The number is valid for up to 14 days following the reservation. 
4. Temporary right-to-work: allows an employee to work in the trade or occupation concerned according to the conditions set when the temporary right-to-work is issued, while waiting to receive his or her competency certificate or exemption from holding a competency certificate.

Apprentice competency certificate holders also have an apprenticeship booklet. The booklet shows the apprenticeship period and the holder’s information. This is necessary for determining the corresponding wage rate.

For more details about exemptions and the procedure.

Issuing a layoff notice 

You must give notice in writing to any employee who has been in your service for more than five (5) working days, prior to laying off the employee for a period of three (3) or more consecutive working days. The notice must be given to the employee 48 hours before layoff. A form for this purpose is available from the sector-based employers’ associations. This form MUST NOT be sent to the CCQ. 

There are a number of special rules for layoffs and compensation that can replace the above-mentioned notice. These are specified in the collective agreements .

Having a union declaration form completed

As stipulated in the union security section of the sector-based collective agreements, all workers in the construction industry must belong to a union association to work on construction sites. Within a maximum of 5 working days from the start of employment, when an employee is hired, the employer must have an employee declaration completed and signed.

Supplied by employers, this form must be the same as the form prescribed in the corresponding schedule of the collective agreements. On the form, employees must also indicate whether they agree to receive their earnings statement (pay slip), record of employment and any other document related to their employment by email or fax. The union association and the CCQ must be informed of the worker’s choice. Accordingly, when workers are hired, they have to complete the form in triplicate. The employer sends the original of the form to the CCQ with the monthly report or sends a copy of the form by fax to the Direction de la gestion de la main-d’œuvre at 514 736-6714. Employers must also send a copy to the union concerned and may keep the last copy for their own files. The form is distributed by the sector-based employers’ associations.

Pay

Paying your workers according to the wage rate in force

(Sector-based collective agreements)

Wage rates are set for each trade and occupation. The rates are established for apprentices and journeymen according to their apprenticeship period. Some wage rates vary under the industry’s four sector-based collective agreements.

Consult the wage rates in force.

Issuing an earnings statement (pay slip) to each employee

(Sector-based collective agreements)

Employers must produce a pay slip for each of their employees for each pay period and do this in compliance with the collective agreements. A pay slip must contain the following information: 

The employer must deduct from salary any amount determined when an employee joins a workers’ fund.

Important note about workers’ taxable benefits

A taxable benefit is a social benefit (fringe benefit) paid by employers to their employees and that is subject to income tax. For example, employees benefit from insurance coverage through the contributions made to the construction industry insurance plan by their employers. Under the various tax laws, the value of these benefits must be added to an employee’s salary for the purpose of calculating the income tax that is deductible from the employee’s pay. 

Taxable benefit rates can change each quarter. These rates also vary according to the trade and area of activity. Consult the rates in effect or download the table. 

Paying allowances for annual vacations, statutory holidays and sick leave 

(Sector-based collective agreements)

To cover mandatory annual vacations, statutory holidays, and sick leave, employers must credit, to each of their employees, 13% of their weekly salary (6% for mandatory annual vacations, 5.5% for statutory holidays, and 1.5% for sick leave). 

Dates for annual vacations and statutory holidays, and Construction industry calendar.

Deducting your employees’ social benefits contribution

(Sector-based collective agreements)

Employers must deduct from the pay of each of their employees the employee’s contribution to social benefits (pension plan only), according to the grid of rates in force for each trade and occupation. These rates can be consulted through the CCQ’s online services. The rates can also be found on the CCQ’s website under the “Wages” tab.

Deducting your employees’ union dues

(Sector-based collective agreements)

Employers must deduct union dues from the pay of each of their employees, according to the rates in force for each trade and occupation. 

Deducting your employees’ union education fund contribution

(For employees working in the industrial, institutional and commercial, and civil engineering and roads sectors)

Employers must deduct from the pay of each of their employees a contribution of $0.02 per hour worked. This contribution is paid into the union education fund as required under the sector-based collective agreements.

Deducting the CCQ levy (fee) from employees’ pay

(Levy Regulation of the Commission de la construction du Québec)

An amount equal to 0.75% of salary must be deducted from your employees’ pay each week. This is the workers’ contribution to the CCQ levy (fee).

Paying employees a safety equipment allowance

(Sector-based collective agreements)

As a general rule, employers must pay each of their employees an allowance for each hour worked to fulfill their responsibility of providing certain clothing and safety equipment, including safety boots, hard hats and their accessories, gloves, safety goggles and the safety harness protective sheath. Safety equipment must be in compliance with the Safety Code. This is mandatory. And because this amount is considered an allowance, it must be added to the employee’s net pay. For the allowance amounts, refer to the collective agreements for each sector:

• Civil Engineering and Roads
• Industrial
• Institutional and Commercial
• Residential

Hiring priority

The region of residence that appears on the competency certificate is the one for which the worker benefits from preference of employment. Hiring priority is therefore given to competency certificate holders residing in the region where the job site is located.

Workforce mobility rules

In the following situations, competency certificate holders may work in a region other than the one in which they reside:

1. When they benefit from provincial mobility as provided in the Regulation respecting the hiring and mobility of employees in the construction industry:

1. When a holder of an apprentice, journeyperson, or occupation competency certificate accumulates at least 750 hours for a single employer during the 24 months preceding the issuance or renewal of his or her competency certificate. The employer may then assign that employee anywhere in Québec. The mention “Preferential Employer,” followed by the employer’s name, appears on his or her competency certificate.
2. When a woman or a person representative of the diversity of Québec society, identified as such to the CCQ, and holding an apprentice, journeyperson, or occupation competency certificate accumulates at least 400 hours for a single employer during the 24 months preceding the issuance or renewal of his or her competency certificate. The employer may then assign that employee anywhere in Québec. The mention “Preferential Employer,” followed by the employer’s name, appears on his or her competency certificate.
3. When a holder of a journeyperson or occupation competency certificate has at least 15,000 hours worked in the construction industry and declared to the CCQ via monthly reports. This person may then be assigned anywhere in Québec without regard for the employer for which he or she works. A mention to this effect appears on his or her certificate.

1. When, in one region and for one trade or occupation, the number of competency certificate holders residing in this region is insufficient to meet an employer’s needs, the employer may hire workers from other regions.
2. When permitted by a provision in the applicable collective agreement.

Region codes