99. An employee or a certified association representing employees in an enterprise employing fewer than 50 employees may, after the expiry of the time limit set out in section 37, file a complaint with the Commission if the employee or association is of the opinion that the employer has not determined the required adjustments in compensation.
It is incumbent upon the employer to show that the remuneration afforded to his employees in a predominantly female job class is at least equal to that afforded, for equivalent work, to his employees in a predominantly male job class. Where necessary, the Commission shall determine the measures to be taken by the employer and the time alloted for their implementation.
The remedy under the first paragraph may not be exercised if the employer has conducted a pay equity audit in his enterprise in accordance with Chapter IV.1.
Where the employer has elected to establish a pay equity plan, section 96.1, adapted as required, shall apply.
1996, c. 43, s. 99; 2009, c. 9, s. 35.