The Pay Equity Act has been in effect since 1997 and has helped reduce the wage gap between men and women in Quebec. At the time of its adoption, women in Quebec aged 15 and over earned about 84% of what men earned per hour. Today, that figure is around 91%, which means that men earned nearly $3 an hour more than women in 2023.
While it is undeniable that there has been progress since the law’s adoption, it does not benefit everyone equally. In 2023, immigrant women earned an average of $2.50 an hour less than Canadian-born women. This does not change the fact that Canadian-born women earned less than immigrant men, a difference of nearly $2 an hour.
The goal of the law
Even today, jobs predominantly held by women are sometimes undervalued and underpaid. The objective of Quebec’s Pay Equity Act is to correct the salary gaps that may exist between these jobs.
For instance, in a hotel, the role of a room attendant could be seen as comparable to that of a doorman. Similarly, in a building materials factory, the position of a receptionist might be viewed as equivalent to that of a machinist.
This law applies to companies with ten employees or more. Interns, students, and senior management do not count as employees for the purposes of this law.
In order to respect the law, the employer must:
- correct existing salary differences,
- inform employees of the steps being taken,
- report to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST or labour board).
Employer’s obligations
To assess pay equity, the employer must identify the predominantly male and female job categories and then evaluate the value of each. This involves considering factors such as the qualifications needed, responsibilities held, efforts required, and working conditions.
The employer then compares the salaries of each job. If salary differences remain after this analysis, the employer must conduct a pay equity assessment every five years.
If an employer fails to meet its obligations under the Pay Equity Act, he can be fined between $1,000 and $45,000, even for a first offense. The minimum and maximum amounts vary depending on the number of employees in the company.
If there’s a problem…
If you are an employee or if you represent salaried staff, you can file a complaint with the pay equity committee, your employer or the CNESST.
In particular, you can file a complaint because the employer has not carried out the work within the time limits provided for by law or because the employer is acting contrary to the law. To find out how to file a complaint and within what time limit, consult the CNESST website.
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Did you know? If the company has more than 100 employees, a “pay equity committee” will be formed. It will be responsible for enforcing the rules related to the Pay Equity Act. |