Labour Day: What Are Your Rights? 

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Every year, Labour Day is celebrated in Quebec on the first Monday of September. This year, it falls on September 2nd. This statutory holiday stems from workers’ rallies for better working conditions and it was officially recognized in Quebec in 1899. Do you know what rules apply to this day? 

Before you read this article! 

The following rules apply only to employees covered by the Act respecting labour standards. Different rules could apply to you if you work for a federal institution, such as a bank, a port, the federal government or telecommunication companies.

A paid holiday  

You normally don’t work on a statutory holiday, but that doesn’t mean your employer owes you nothing! Your employer must compensate you by giving you an “indemnity” (a payment of money).  

This indemnity is equal to 1/20th of your salary over the 4 weeks’ of pay leading up to September 2nd. Your employer must include any tips you received in this calculation, but not your overtime hours.  

If you worked full-time, the indemnity will generally equal a full day’s salary. If you worked part-time, then the indemnity will be smaller. 

If you’re paid by commission (in part or in full), the payment will be equal to 1/60th of your salary over the 12 weeks before the holiday.  

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST or labour standards, pay equity and workplace health and safety board) has a tool that you can use to calculate what you are owed.  

Careful! To receive holiday pay, you must not be absent from work, without permission, the workday before or after September 2nd.  

What if you must work on Labour Day?  

Your employer can ask you to work during a statutory holiday. If this happens, they must pay you for your hours. In addition, they must also pay you an indemnity. Your employer will have two choices. They can: 

  • give you money as indemnity, as described above,  
  • give you money as indemnity, as described above AND give you a replacement day off. This day must be taken within the 3 weeks before or after September 2nd.  

Did you know?  

Historically, workers would hold various activities during Labour Day. Parades, speeches, games and more would be scheduled to promote working-class solidarity and belonging during a time of rapid industrialization.