Fonds spécial d'indemnisation

A new regulation respecting the Compensation Fund for Employees in the Construction Industry (CFECI) changes certain rules concerning compensation of workers. Learn more about the new regulation.

The Regulation Respecting the Compensation Fund for Employees in the Construction Industry will come into force on January 6, 2016. In general, wages lost during work periods prior to January 6, 2016, will be processed according to the conditions of the collective agreements in force. Starting on this date, the new regulation will apply.

The Fonds spécial d'indemnisation (FSI), administered by the Commission de la construction du Québec (CCQ), which is the fiduciary for the fund, was instituted by the employer and union parties in 1973 through the collective agreements. It was created to ensure that workers would be compensated for lost wages if their employer became insolvent. The Fonds spécial d'indemnisation is composed of employers’ contributions of $0.02 for each hour worked by their employees.

Conditions for compensation

To be compensated by the FSI, a worker must hold the required and valid competency certificate at the time the work was done, and has to performed done work that is declared and covered by the Act in Québec.
The employee must have lost wages, holiday pay, social benefits, or travel costs in one of the three following situations:

  • The company for which the employee has worked is insolvent following a bankruptcy, an assignment for the benefit of creditors, a proposition to creditors, or a judgment obtained by the CCQ and not satisfied in whole or in part by a seizure of the company’s assets.
  • The company is not insolvent, but issued not-sufficient-funds paycheques or ceased operations for 60 days without having paid at the worker’s last weeks of work at the termination of service.
  • The company granted the worker unpaid leave to appear in court as a juror.

The FSI reimburses wages and amounts set out in the monthly report (paid leave, contributions to social benefits, union dues, and deductions [employee’s share]).

To be compensated by the FSI for lost wages, an employee must file a salary complaint with the CCQ within 6 weeks following the non-payment of wages.