Some restaurants require servers to pay out of pocket when customers go soft in without paying the bill. Employees denounce the widespread practice yet illegal.
Numerous bar or restaurant waiter say there are regular flights in their establishment.
Customers come out smoking and take the opportunity to save on the sly. Others leave without pay when their server back is turned or when he goes to the kitchen to find a command. Obviously, this is a flight.
Some restaurateurs have to pay the servers for these thefts by customers, according to the evidence we have collected. “It is beautiful cursed! In all, I had to have at least $ 300, “says a former server, who prefers not to disclose his name. “They tell me:” Yes, that’s up to you to monitor your section “” says a former waitress, who remain anonymous for fear of reprisals.
“It’s not ethical. This is not the employee must pay for crimes committed by customers. ”
– Testimony of a third waitress
An illegal act
The Standards Commission, equity, health and safety (CNESST) considers it illegal. Section 85.1 of the Act respecting labor standards prohibits an employer to require an employee “a sum of money to pay for expenses related to operations [...] of the company.”
“Charging the note to an employee who did not have the means to be next to his client all the time, it’s illegal. [...] It is theft. It is a loss that is part of operating expenses. ”
– Johanne Teller, the CNESST
The chain restaurants The Sports Station are among the establishments covered by our survey. Several current and former servers tell us they had to pay the bill when customers are gone underground.
The owner, Peter Sergakis, defends to unfairly pay its servers.
“If there was negligence, they are required to pay. And if there is no negligence on their part, they do not pay. ”
– Peter Sergakis, restaurateur
According to our sources, the Peel Pub has a similar practice. The Montreal facility even has a regulation where it is spelled out that the servers are responsible for the note when customers leave without paying.
But the owner of the Peel Pub holds another speech. “Generally, the servers are not responsible for that,” said Sami Jmaiel, owner of Peel Pub. He has refused to show us against the rules of the institution about it.
According to the Commission, any clause in a contract stating that the server is responsible for thefts by customers is not valid.
“The law is the minimum labor standards for all employees in Quebec, and we can not go below, even with the signature of the employee. ”
– Johanne Tellier, the CNESST
The Commission encourages the servers who feel aggrieved to protest their employer. They can complain to the CNESST.
An investigator will then be taken to the restaurateur and may even bring the case to court. And the Commission will pay all expenses to represent the servers.
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