Condo Concierge: Syndicate Employee and CNESST Rules in Quebec

Hiring a concierge for a divided co-ownership can transform life in a building in Montreal and on the South Shore. The board of directors (board) often sees this as a way to better maintain the common portions and improve service to co-owners. But as soon as a syndicate becomes an employer, CNESST, payroll and labour standards come into play. In short, condo syndicate employee, CNESST and Quebec requirements are all connected.

This practical guide summarizes the steps, obligations and good practices for hiring compliantly. You will find what the board must decide, how to structure payroll and which legal and occupational health and safety rules apply. The goal is to avoid misclassification, penalties and disputes while protecting your syndicate and your concierge.

1) Employee or self-employed worker? The first question to settle

Before posting a job offer, confirm the worker’s status. In many cases, the concierge role, with a fixed schedule, recurring duties and supervision by the board or a condominium manager, corresponds to an employee. Misclassification can result in retroactive contributions, interest and fines.

Indicators of employee status (to be assessed as a whole):

• Subordination: instructions, schedules and approval of vacation by the board.
• Integration: a key role in the routine maintenance of the common portions.
• Tools provided: premises, materials, keys and building equipment.
• Compensation: a regular rate or salary, without a risk of loss or profit.
• Representation: the concierge acts on behalf of the syndicate with suppliers and co-owners.

The Act respecting labour standards (ALS) establishes minimum protections for employees (see LégisQuébec, ALS). In practice, if you control how the work is organized, the person should be treated as an employee, with compliant payroll and deductions.

Useful references:
ALS (minimum employment standards) — LégisQuébec
Occupational health and safety (AOHS) — LégisQuébec
Workplace accidents (AIAOD) — LégisQuébec

2) Establishing the employer: resolutions, registrations and insurance

For a clean start, structure the board’s process and record each step in the minutes. Present the budgetary impact at the next annual general meeting, particularly if adjustments to common expenses are required.

Key steps:

1. Board resolution and budget: specify the position, salary range, schedule, supervisor, equipment provided and recurring costs (payroll, insurance and contributions). Record these decisions in the minutes.
2. Job description: align the duties with the maintenance logbook/EUC to avoid gaps (chimney sweeping, periodic inspections, permitted minor repairs, waste management, etc.).
3. Tax registrations: open the required employer accounts and plan source-deduction remittances according to Revenu Quebec frequencies. See: Revenu Quebec — Source deductions and contributions
4. CNESST and OHS: the syndicate must register as an employer, be classified in the correct activity sector and pay the associated premiums. Plan for training and safety equipment.
5. Insurance: notify your broker. Check the employer’s civil liability coverage, risks associated with the duties (e.g., working at heights) and the use of vehicles or motorized equipment.
6. Licences and limits: the concierge must not perform work reserved for contractors holding a RBQ licence (e.g., electrical or plumbing work). Refer to the RBQ.

Good governance practices:

• Entrust payroll to a reliable service and document every remittance.
• Update the by-laws of the immovable as needed (access to mechanical rooms, keys, confidentiality of co-owners’ data, etc.).
• Document communications: written instructions, timesheets and maintenance follow-ups.

For additional tools, also consult the RGCQ (governance and good practices in divided co-ownership).

3) Payroll, labour standards and source deductions: what the board absolutely must know

An employer must pay compensation according to a clear cycle (weekly, every two weeks, etc.) and provide detailed pay statements. The minimum rules under the ALS apply, particularly regarding vacation, statutory holidays, breaks and overtime.

Key standards to consider (to be confirmed in the ALS):

• Regular hours of work and the applicable premium for overtime.
• Vacation indemnity and statutory holidays that are taken off and paid, according to eligibility.
• Notice of termination of employment and respectful management practices.
• Pay equity and non-discrimination.

Deductions and remittances (source deductions):

• Quebec income tax, QPP and QPIP: calculate and withhold them according to the current tables.
• Employer contributions: Health Services Fund, employer QPP, employment insurance (through the CRA) and others, where applicable.
• CNESST: employer premiums based on the classification; this is not a payroll deduction but an employer expense.
• Frequency and deadlines: meet remittance dates to avoid interest and penalties. Reference: Revenu Quebec — Source deductions and contributions

Payroll administration:

• Employee files: signed offer, SIN, tax forms, emergency contact information and OHS policy.
• Timesheets approved by the supervisor (board or external manager).
• Tracking of banks (vacation, sick leave and compensatory time, where applicable).
• RL-1/T4 slips and summaries issued at year-end.

Need help structuring payroll and approvals? See our administrative and financial management services: administrative management and financial management.

4) Health, safety and technical limits: avoiding incidents and non-compliance

As an employer, the syndicate is required to take the necessary measures to protect the concierge’s health and safety (AOHS). This includes prevention, training and equipment. Map the risks based on your EUC/maintenance logbook and the co-owners’ experience.

Concrete measures to implement:

• Prevention program: identify risks (chemicals, falls, electricity, loads and ergonomics) and control measures.
• Training and information: WHMIS, lockout if relevant, emergency procedures and working alone.
• Personal protective equipment (PPE): gloves, safety glasses, footwear and harnesses, depending on the duties.
• Safe maintenance of equipment: elevators, mechanical systems and motorized tools; follow manufacturers’ instructions.
• Limits on duties: assign skilled work to contractors holding the appropriate licence (RBQ).

Legal reminders:
AOHS — general prevention obligations
AIAOD — coverage in the event of an employment injury
RBQ — information on reserved work

5) Employment contract, declaration of co-ownership and daily management

A written contract prevents many misunderstandings. It must reflect the reality of your building and align with the declaration of co-ownership and the by-laws of the immovable. The concierge must not be placed in a situation where they would contravene the co-ownership rules or handle requests outside their mandate in private portions.

Clauses to include in the contract:

• Position and duties aligned with the maintenance logbook/EUC.
• Schedule, workplace and emergency procedures (whom to call and response times).
• Compensation, payroll cycle, vacation bank and statutory holidays under the ALS.
• Overtime and on-call policy, if applicable.
• OHS: equipment provided, training and rules for using products and tools.
• Confidentiality and protection of co-owners’ information.
• Disciplinary procedure and end of employment (written notice, return of keys and access cards).

Governance and accountability:

• Assign the concierge to a designated person (a board member or an appointed manager) and define the communication channel.
• Schedule regular follow-ups; align priorities with the budget, the contingency fund and the EUC.
• Avoid direct requests from co-owners outside the procedure; centralize them through the board or manager.

For inspiration on good governance practices in divided co-ownership, consult the RGCQ.

Browse our blog as well for other practical guides: multiRent blog.

FAQ

Q1. Is it better to hire a concierge as an employee or contract an upkeep company?
An employee provides a continuous presence and a better knowledge of the building. However, the syndicate assumes responsibility for payroll, OHS and human resources management. A service contract transfers some of the obligations, but requires good supplier management and performance clauses. Assess the building’s size, budget and technical complexity.

Q2. Can we pay “under the table” for a few hours of cleaning?
No. This exposes the syndicate to reassessments by Revenu Quebec, interest, penalties and major risks if an accident occurs. It is better to declare the work, remit source deductions and register properly with CNESST.

Q3. Do we have to provide the concierge with specific training?
Yes, depending on the risks: WHMIS, safe handling, working at heights, lockout, confined spaces, etc. The AOHS imposes a general prevention obligation. Document the training and provide the necessary PPE.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

This article provides general information and does not replace advice from a tax specialist or accountant. Refer to Revenu Quebec and the CRA for exact requirements.

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