Can my employer deduct money from my pay?
Short answer
In Quebec, an employer may make a deduction from wages only if it is provided for by an Act, a regulation, a collective agreement, a decree or a supplemental pension plan, or if the employee has consented to it in writing and for a specific purpose (s. 49 of the Act respecting labour standards).
In detail
Deductions required by law — income tax, the Québec Pension Plan, employment insurance, the QPIP — do not require any consent. Any other deduction must rest on written consent for a specific purpose. That consent may be revoked at any time, unless it concerns a supplemental pension plan or a group insurance plan.
An employer therefore cannot unilaterally withhold an amount for a cash shortage, damaged equipment, stolen merchandise, a uniform or an overpayment, without written consent. A general signature at the time of hiring authorizing “any deduction” does not meet the requirement of a specific purpose.
The Act also prohibits an employer from requiring an employee to pay costs related to the operation of the business (s. 85.1). That prohibition applies regardless of the wage, so it applies above the minimum wage as well.
What to document
The pay stub where the deduction appears, the exact amount and the exact wording, any document you signed and its date, the employer's written request, and the exchanges in which you dispute it. Keep the previous pay as well: the comparison shows the difference.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Act respecting labour standards (CQLR, c. N-1.1) — Légis Québec
- CNESST — Interpretation guide, section 85.1
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.