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

Act current to 2012-05-14 and last amended on 2010-01-01. Previous Versions

Marginal note:Additional pay for holiday work

197. Except in the case of an employee employed in a continuous operation, an employee who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day.

  • R.S., 1985, c. L-2, s. 197;
  • 1993, c. 42, s. 22(F);
  • 2001, c. 34, s. 18(F).
Marginal note:Holiday work in continuous operation employment

198. An employee employed in a continuous operation who is required to work on a day on which the employee is entitled under this Division to a holiday with pay

  • (a) shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day;

  • (b) shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer; or

  • (c) shall, where a collective agreement that is binding on the employer and the employee so provides, be paid in accordance with section 196 for the first day on which the employee does not work after that day.

  • R.S., 1985, c. L-2, s. 198;
  • 1993, c. 42, s. 23(F);
  • 2001, c. 34, s. 19(F).
Marginal note:Holiday work for managers, etc.

199. Notwithstanding sections 197 and 198, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.

  • 1977-78, c. 27, s. 17.
Marginal note:Holiday pay

200. Pay granted to an employee for a general holiday on which the employee does not work shall for all purposes be deemed to be wages.

  • R.S., c. L-1, s. 55.
Marginal note:Exceptions

  • 201. (1) An employee who does not work on a general holiday is not entitled to be paid for the general holiday if, during the thirty days immediately preceding the general holiday, the employee is not entitled to wages

    • (a) for at least fifteen days; or

    • (b) where the employee is working under a schedule established or modified pursuant to section 170, for at least the number of days calculated or determined pursuant to any regulations made under section 201.1.

  • Marginal note:Idem

    (2) No employee who is employed in a continuous operation is entitled to be paid for a general holiday

    • (a) on which the employee did not report for work after having been called to work on that day; or

    • (b) in respect of which the employee makes himself unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.

  • Marginal note:Exception

    (3) Subsection (1) does not apply with respect to an employee, other than an employee who is working under a schedule established or modified pursuant to section 170, whose terms and conditions of employment with respect to hours of work are such that the employee is unable to establish entitlement to wages on at least fifteen days during the thirty calendar days immediately preceding a general holiday.

  • Marginal note:Calculation of holiday pay

    (4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages he has earned during the thirty calendar days immediately preceding that general holiday.

  • R.S., 1985, c. L-2, s. 201;
  • R.S., 1985, c. 9 (1st Supp.), s. 8;
  • 1993, c. 42, s. 24.