D-2, r. 3 - Decree respecting the cartage industry in the Québec region

Section 7.03 Disposition versions

2020-04-22

7.03. The employee whose usual and regular duties consist in performing transportation work requiring him to travel 80 km or more from his employer’s establishment, may be paid by the kilometre rather than by the hour, on the following conditions:

(1)  an employer may not validly, during the term of a personal service contract with an employee, simultaneously or successively pay him using an hourly rate or a rate per kilometre travelled, at his own discretion. The method of payment by the hour or by the kilometre travelled, as established at the time of the hiring, remains in force for its complete duration and can be changed only with the parity committee’s authorization;

(2)  the rate received by a driver for each kilometre travelled is the following:

As of 22 April 2020	As of 22 April 2021	As of 22 April 2022
$0.250	$0.255	$0.260;

(3)  (paragraph revoked);

(4)  the employee paid by the kilometre is entitled to all other benefits mentioned in the Decree that are not incompatible with his method of payment;

(5)  the employee paid by the kilometre receives, in addition to the other amounts to which he is entitled, payment for any hours spent waiting, loading or unloading at the wage rate mentioned in section 7.01 for the employment category to which he belongs.

R.R.Q., 1981, c. D-2, r. 7, s. 7.03; O.C. 86-82, s. 5; O.C. 1691-82, s. 3; O.C. 1193-89, s. 4; Erratum, 1989 G.O. 2, 3799; O.C. 527-96, s. 7; O.C. 802-2003, s. 3; O.C. 105-2005, s. 2; O.C. 68-2008, s. 6; O.C. 826-2010, s. 2; O.C. 409-2016, s. 3; O.C. 452-2020, s. 3.

2016-06-01

7.03. The employee whose usual and regular duties consist in performing transportation work requiring him to travel 80 km or more from his employer’s establishment, may be paid by the kilometre rather than by the hour, on the following conditions:

(1)  an employer may not validly, during the term of a personal service contract with an employee, simultaneously or successively pay him using an hourly rate or a rate per kilometre travelled, at his own discretion. The method of payment by the hour or by the kilometre travelled, as established at the time of the hiring, remains in force for its complete duration and can be changed only with the parity committee’s authorization;

(2)  as of 1 June 2016, a driver receives for each kilometre travelled:

Hiring Rate    After 6 months      After 12 months      After 24 Months

   $0.19           $0.20                $0.21                $0.23

(3)  (paragraph revoked);

(4)  the employee paid by the kilometre is entitled to all other benefits mentioned in the Decree that are not incompatible with his method of payment;

(5)  the employee paid by the kilometre receives, in addition to the other amounts to which he is entitled, payment for any hours spent waiting, loading or unloading at the wage rate mentioned in section 7.01 for the employment category to which he belongs.

R.R.Q., 1981, c. D-2, r. 7, s. 7.03; O.C. 86-82, s. 5; O.C. 1691-82, s. 3; O.C. 1193-89, s. 4; Erratum, 1989 G.O. 2, 3799; O.C. 527-96, s. 7; O.C. 802-2003, s. 3; O.C. 105-2005, s. 2; O.C. 68-2008, s. 6; O.C. 826-2010, s. 2; O.C. 409-2016, s. 3.

2012-09-01

7.03. The employee whose usual and regular duties consist in performing transportation work requiring him to travel 80 km or more from his employer’s establishment, may be paid by the kilometre rather than by the hour, on the following conditions:

(1)  an employer may not validly, during the term of a personal service contract with an employee, simultaneously or successively pay him using an hourly rate or a rate per kilometre travelled, at his own discretion. The method of payment by the hour or by the kilometre travelled, as established at the time of the hiring, remains in force for its complete duration and can be changed only with the parity committee’s authorization;

(2)  a driver receives for each kilometre travelled, as of 13 October 2010:

Hiring Rate    After 6 months      After 12 months      After 24 Months

   $0.17           $0.18                $0.19                $0.21

(3)  (paragraph revoked);

(4)  the employee paid by the kilometre is entitled to all other benefits mentioned in the Decree that are not incompatible with his method of payment;

(5)  the employee paid by the kilometre receives, in addition to the other amounts to which he is entitled, payment for any hours spent waiting, loading or unloading at the wage rate mentioned in section 7.01 for the employment category to which he belongs.

R.R.Q., 1981, c. D-2, r. 7, s. 7.03; O.C. 86-82, s. 5; O.C. 1691-82, s. 3; O.C. 1193-89, s. 4; Erratum, 1989 G.O. 2, 3799; O.C. 527-96, s. 7; O.C. 802-2003, s. 3; O.C. 105-2005, s. 2; O.C. 68-2008, s. 6; O.C. 826-2010, s. 2.