D-2, r. 16 - Decree respecting building service employees in the Québec region

Section 1.01 Disposition versions

2021-07-15

1.01. In this Decree, unless the context requires otherwise, the following expressions mean:

(a)  “crew leader” : the employee who, in addition to doing building service work, sees to the training and supervision of at least 3 employees;

(b)  “spouses” : persons who

i.  are married or in a civil union and cohabiting:

ii.  being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child; or

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(c)  “public building” : a school, a vocational training centre and an adult education centre established by a school service centre or school board, a college established under the General and Vocational Colleges Act (chapter C-29), an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), a private educational establishment governed by the Act respecting private education (chapter E-9.1), an establishment within the meaning of the Act respecting health services and social services (chapter S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or a childcare centre within the meaning of the Educational Childcare Act (chapter S-4.1.1), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, an exhibition hall, a heritage interpretation centre, a cinema, theatre, church, chapel, convent, club, bar, restaurant, cafeteria, a tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, a fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, an office building, an office, a bank, a credit union, a store, a shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units, the common spaces in a condominium building, a public bath, a mall, a cabaret, a place where sporting events are held, a fun fair, a public meeting hall and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(d)  “probationary employee” : an employee who has not completed 320 hours of work in the service of his or her employer;

(e)  “regular employee” : an employee who has completed 320 hours of work in the service of his or her employer;

(f)  “maintenance work” : any work involving cleaning inside or outside of a public building;

(g)  “Class A work” : heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalk-boards, sweeping floors with a dust mop one metre or more in width, stripping, washing or treating floors, hose cleaning or cleaning with a pressure system or any other cleaning system, removing spots on floors with a wet mop that is more than 340.2 g (12 ounces) and a bucket that is more than 12 litres (2.6 imp. gallons), cleaning carpets and surfaces including equipment fixed to the ground, removing waste and the contents of recycling bins larger than 11.34 kg (25.15 lbs) and dusting areas not accessible from floor level;

(h)  “Class B work” : any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg (25.15 lbs) or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g (12 ounces) or less and a bucket that is 12 litres (2.6  imp. gallons) or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;

(i)  “Class C work” : the washing of windows and interior and exterior surfaces requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside buildings;

(j)  “continuous service” : an uninterrupted period during which an employee is bound to the employer by a work contract, even if the carrying out of the work has been interrupted without the contract being cancelled, and the period during which fixed-duration contracts follow one another without an interruption that would allow, given the circumstances, to conclude that the contract has been cancelled.

R.R.Q., 1981, c. D-2, r. 40, s. 1.01; O.C. 592-89, s. 1; O.C. 1808-92, s. 2; O.C. 1381-99, s. 1; O.C. 736-2005, s. 1; O.C. 988-2012, s. 2; O.C. 816-2021, s. 46.

2012-10-31

1.01. In this Decree, unless the context requires otherwise, the following expressions mean:

(a)  “crew leader”: the employee who, in addition to doing building service work, sees to the training and supervision of at least 3 employees;

(b)  “spouses”: persons who

i.  are married or in a civil union and cohabiting:

ii.  being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child; or

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(c)  “public building”: a school, a vocational training centre and an adult education centre established by a school board, a college established under the General and Vocational Colleges Act (chapter C-29), an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), a private educational establishment governed by the Act respecting private education (chapter E-9.1), an establishment within the meaning of the Act respecting health services and social services (chapter S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or a childcare centre within the meaning of the Educational Childcare Act (chapter S-4.1.1), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, an exhibition hall, a heritage interpretation centre, a cinema, theatre, church, chapel, convent, club, bar, restaurant, cafeteria, a tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, a fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, an office building, an office, a bank, a credit union, a store, a shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units, the common spaces in a condominium building, a public bath, a mall, a cabaret, a place where sporting events are held, a fun fair, a public meeting hall and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(d)  “probationary employee”: an employee who has not completed 320 hours of work in the service of his or her employer;

(e)  “regular employee”: an employee who has completed 320 hours of work in the service of his or her employer;

(f)  “maintenance work”: any work involving cleaning inside or outside of a public building;

(g)  “Class A work”: heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalk-boards, sweeping floors with a dust mop one metre or more in width, stripping, washing or treating floors, hose cleaning or cleaning with a pressure system or any other cleaning system, removing spots on floors with a wet mop that is more than 340.2 g (12 ounces) and a bucket that is more than 12 litres (2.6 imp. gallons), cleaning carpets and surfaces including equipment fixed to the ground, removing waste and the contents of recycling bins larger than 11.34 kg (25.15 lbs) and dusting areas not accessible from floor level;

(h)  “Class B work”: any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg (25.15 lbs) or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g (12 ounces) or less and a bucket that is 12 litres (2.6  imp. gallons) or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;

(i)  “Class C work”: the washing of windows and interior and exterior surfaces requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside buildings;

(j)  “continuous service”: an uninterrupted period during which an employee is bound to the employer by a work contract, even if the carrying out of the work has been interrupted without the contract being cancelled, and the period during which fixed-duration contracts follow one another without an interruption that would allow, given the circumstances, to conclude that the contract has been cancelled.

R.R.Q., 1981, c. D-2, r. 40, s. 1.01; O.C. 592-89, s. 1; O.C. 1808-92, s. 2; O.C. 1381-99, s. 1; O.C. 736-2005, s. 1; O.C. 988-2012, s. 2.

2012-09-01

1.01. In this Decree, unless the context requires otherwise, the following expressions mean:

(a)  “crew leader”: the employee who, in addition to doing building service work, sees to the training and supervision of at least 3 employees;

(b)  “spouses”: means either of 2 persons who:

i.  are married or in a civil union and cohabiting;

ii.  being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child;

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(c)  “public building”: a school, a vocational training centre and an adult education centre established by a school board, a college established under the General and Vocational Colleges Act (c. C-29), an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (c. E-14.1), a private educational establishment governed by the Act respecting private education (c. E-9.1), an establishment within the meaning of the Act respecting health services and social services (c. S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or a childcare centre within the meaning of the Act respecting childcare centres and other childcare services (c. C-8.2), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, an exhibition hall, a heritage interpretation centre, a cinema, theatre, church, chapel, convent, club, bar, restaurant, cafeteria, a tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, a fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, an office building, an office, a bank, a credit union, a store, a shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units, the common spaces in a condominium building, a public bath, a mall, a cabaret, a place where sporting events are held, a fun fair, a public meeting hall and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(d)  “probationary employee”: the employee who has not completed 40 days of service with his employer within the 180 calendar days that have elapsed since his last hiring date;

(e)  “part-time employee”: the employee who usually works less than the number of regular hours included in the standard workweek;

(f)  “full-time employee”: the employee who usually works the number of regular hours included in the standard workweek;

(g)  “habitual employee”: the employee who works 40 days in the service of his employer within the 180 calendar days that have elapsed since his last hiring date;

(h)  “maintenance work”: any work involving cleaning inside or outside of a public building;

(i)  “Class B work”: light housekeeping work such as cleaning ashtrays, emptying wastepaper baskets, cleaning floors or floor coverings with a broom, mop or vacuum cleaner, work within hand reach such as dusting or washing fixtures attached to walls or floors, glass partitions or removing marks from walls, floors or floor coverings and cleaning washrooms, expect for washing washroom floors or floor coverings;

(j)  “Class A work”: heavy house cleaning work such as washing windows, walls, ceilings or electric appliances that are stationary, scraping or washing floors or floor coverings, applying wax or other products on floors or floor coverings, removing garbage or dusting areas that are not accessible from floor level;

(k)  “Class C work”: washing windows or other surfaces outside of buildings requiring the use of a safety belt, suspended chair, scaffolding or ladder or other hoisting or retaining equipment;

(l)  “continuous service”: an uninterrupted period during which an employee is bound to his employer by a work contract, even if the carrying out of the work has been interrupted without the contract being cancelled, and the period during which fixed-duration contracts follow one another without an interruption that would allow, given the circumstances, to conclude that the contract has been cancelled.

R.R.Q., 1981, c. D-2, r. 40, s. 1.01; O.C. 592-89, s. 1; O.C. 1808-92, s. 2; O.C. 1381-99, s. 1; O.C. 736-2005, s. 1.