Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2014-11-25 and last amended on 2014-11-01. Previous Versions

Marginal note:Exemption under collective agreement

 Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any annual vacation, in each year.

  • R.S., c. L-1, s. 50;
  • 1977-78, c. 27, s. 15.
Marginal note:Substituted holidays
  •  (1) An employer may, in respect of employees subject to a collective agreement, substitute any other holiday for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, substitute any other holiday for a general holiday if the substitution has been approved by at least seventy per cent of the affected employees, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

  • Marginal note:Posting of notice

    (3) Where any other holiday is to be substituted for a general holiday pursuant to subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the substitution takes effect.

  • R.S., 1985, c. L-2, s. 195;
  • 1993, c. 42, s. 21.
Marginal note:Voting, duration

 Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division.

  • 1993, c. 42, s. 21.
Marginal note:Weekly or monthly pay not to be reduced for holiday
  •  (1) Where the wages for an employee are calculated on a weekly or monthly basis, the weekly or monthly wages of the employee shall not be reduced for a week or month in which a general holiday occurs by reason only that the employee did not work on the general holiday.

  • Marginal note:Pay at daily or hourly rate

    (2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal hours of work.

  • Marginal note:Pay on other basis

    (3) An employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal working day.

  • R.S., c. L-1, s. 52.