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

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Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION IHours of Work (continued)

Marginal note:Modified work schedule

  •  (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

    • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

    • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

  • Marginal note:Posting of notice

    (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

  • R.S., 1985, c. L-2, s. 170
  • 1993, c. 42, s. 15

Marginal note:Maximum hours of work

  •  (1) An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed.

  • Marginal note:Averaging

    (2) Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section.

  • R.S., c. L-1, s. 30
  • R.S., c. 17(2nd Supp.), s. 4
  • 1977-78, c. 27, s. 6

Marginal note:Maximum hours of work

  •  (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

    • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

    • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

  • Marginal note:Posting of notice

    (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

  • R.S., 1985, c. L-2, s. 172
  • 1993, c. 42, s. 16

Marginal note:Vote

  •  (1) Where a work schedule is established, modified or cancelled pursuant to subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request an inspector to conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

  • Marginal note:Duty of inspector

    (2) Where a request has been made under subsection (1), the inspector shall conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

  • Marginal note:Confidentiality

    (3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.

  • Marginal note:Counting of ballots

    (4) The inspector shall count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

  • Marginal note:Communication of result of vote

    (5) The inspector shall report the result of the vote to the regional director, who shall then inform the employer, by written notice, of the result.

  • Marginal note:Effect of non-approval

    (6) Where the result of the vote indicates that less than seventy per cent of the affected employees approve the new schedule or its modification or cancellation, the employer shall comply with the result of the vote within thirty days after being informed of that result by the regional director.

  • Marginal note:Regulations

    (7) The Governor in Council may make regulations respecting the conduct of votes under this section.

  • Marginal note:Statutory Instruments Act not applicable

    (8) The Statutory Instruments Act does not apply in respect of the written notice given by the regional director to the employer pursuant to subsection (5).

  • 1993, c. 42, s. 16

Marginal note:Duration

  •  (1) A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union.

  • Marginal note:Idem

    (2) A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties.

  • 1993, c. 42, s. 16

Marginal note:Scheduling hours of work

 Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week.

  • R.S., c. L-1, s. 31

Marginal note:Overtime pay

 When an employee is required or permitted to work in excess of the standard hours of work, the employee shall, subject to any regulations made pursuant to section 175, be paid for the overtime at a rate of wages not less than one and one-half times his regular rate of wages.

  • R.S., c. L-1, s. 32
  • R.S., c. 17(2nd Supp.), s. 5

Marginal note:Regulations for the purpose of this Division

  •  (1) The Governor in Council may make regulations

    • (a) modifying any provision of this Division for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment if, in the opinion of the Governor in Council, the application of those sections without modification

      • (i) would be or is unduly prejudicial to the interests of the employees in those classes, or

      • (ii) would be or is seriously detrimental to the operation of the industrial establishment;

    • (b) exempting any class of employees from the application of any provision of this Division if the Governor in Council is satisfied that it cannot reasonably be applied to that class of employees;

    • (c) providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and

    • (d) providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment.

  • Marginal note:Inquiries

    (2) No regulations may be made pursuant to paragraph (1)(a) or (b) unless the Minister, pursuant to section 248, has caused an inquiry to be made into and concerning the employment of employees liable to be affected thereby and has received a report from the person or persons appointed to hold the inquiry.

  • R.S., 1985, c. L-2, s. 175
  • 2018, c. 27, s. 446
 
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