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

Full Document:  

Act current to 2021-02-15 and last amended on 2021-01-01. Previous Versions

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

Application (continued)

Marginal note:Prohibition

 An employer is prohibited from treating an employee as if they were not their employee in order to avoid their obligations under this Part or to deprive the employee of their rights under this Part.

  • 2018, c. 27, s. 443

Marginal note:Burden of proof

 If, in any proceeding in respect of a complaint made under this Part, the employer alleges that the complainant is not their employee, the burden of proof is on the employer.

  • 2018, c. 27, s. 443

Marginal note:Saving more favourable benefits

  •  (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part.

  • Marginal note:Where collective agreement applies exclusively

    (1.1) Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement.

  • Marginal note:Sunday

    (2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

  • R.S., 1985, c. L-2, s. 168
  • 1993, c. 42, s. 13

Marginal note:Leave — entitlement without certificate

  •  (1) Despite any provision of this Part and the regulations made under this Part, an employee may exercise their entitlement to and shall be granted a leave of absence under section 206.3, 206.4 or 239 even if a certificate is not issued by a health care practitioner. The conditions and requirements in those sections with respect to such a certificate are deemed to be of no effect.

  • Marginal note:Documentation not required

    (2) Despite subsection 207.3(4), an employee is not required to provide the employer with any documentation referred to in that subsection in respect of a leave of absence taken under section 206.4.

  • Marginal note:Repeal

    (3) This section is repealed on September 30, 2020.

  • 2020, c. 5, s. 36

DIVISION IHours of Work

Marginal note:Standard hours of work

  •  (1) Except as otherwise provided by or under this Division

    • (a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

    • (b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

  • Marginal note:Averaging

    (2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

  • Marginal note:Duration of averaging

    (2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

    • (a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

    • (b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

  • Marginal note:General holidays in week

    (3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

  • R.S., 1985, c. L-2, s. 169
  • 1993, c. 42, s. 14

Marginal note:Break

  •  (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their disposal during the break period, the employee must be paid for the break.

  • Marginal note:Exception

    (2) An employer may postpone or cancel the break set out in subsection (1) if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

    • (a) threat to the life, health or safety of any person;

    • (b) threat of damage to or loss of property; or

    • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

  • 2018, c. 27, s. 444

Marginal note:Rest period

  •  (1) Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts.

  • Marginal note:Exception

    (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts which would result in them having a rest period of fewer than eight consecutive hours between their work periods or shifts if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

    • (a) threat to the life, health or safety of any person;

    • (b) threat of damage to or loss of property; or

    • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

  • 2018, c. 27, s. 444

Marginal note:Modified work schedule — collective agreement

  •  (1) An employer may, in respect of one or more 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:Modified work schedule

    (2) Subject to subsection (3), an employer may, in respect of one or more 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

      • (i) in the case of one employee’s schedule, in writing by that employee, or

      • (ii) in the case of more than one employee’s schedule, by at least 70% 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.

  • Marginal note:Exception

    (4) Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule that results from a request made under subsection 177.1(1).

  • R.S., 1985, c. L-2, s. 170
  • 1993, c. 42, s. 15
  • 2017, c. 33, s. 195
 
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