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 VGeneral Holidays (continued)

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:Holiday pay

  •  (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.

  • Marginal note:Employees on commission

    (2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.

  • Marginal note:First 30 days of employment

    (3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.

  • Marginal note:Continuous operation employee not reporting for work

    (4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday

    • (a) on which they do not report for work after having been called to work on that day; or

    • (b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed

      • (i) require them to be available, or

      • (ii) allow them to make themselves unavailable.

  • Marginal note:Employment

    (5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.

  • R.S., 1985, c. L-2, s. 196
  • 2012, c. 31, s. 221

Marginal note:Additional pay for holiday work

  •  (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.

  • Marginal note:Employment in continuous operation

    (2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall

    • (a) be paid in accordance with subsection (1);

    • (b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or

    • (c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.

  • Marginal note:Employees not entitled to holiday pay

    (3) If an employee who is not entitled to holiday pay under subsection 196(3) is required to work on a general holiday, they shall be paid at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day unless they are employed in a continuous operation, in which case they are entitled to their regular rate of wages for the time that they work on that day.

  • R.S., 1985, c. L-2, s. 197
  • 1993, c. 42, s. 22(F)
  • 2001, c. 34, s. 18(F)
  • 2012, c. 31, s. 221

 [Repealed, 2012, c. 31, s. 221]

Marginal note:Holiday work for managers, etc.

 Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.

  • R.S., 1985, c. L-2, s. 199
  • 2012, c. 31, s. 222

Marginal note:Holiday pay deemed to be wages

 Holiday pay granted to an employee is for all purposes deemed to be wages.

  • R.S., 1985, c. L-2, s. 200
  • 2012, c. 31, s. 222

Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., 1985, c. L-2, s. 201
  • R.S., 1985, c. 9 (1st Supp.), s. 8
  • 1993, c. 42, s. 24
  • 2012, c. 31, s. 222

 [Repealed, 2012, c. 31, s. 222]

 [Repealed, 2012, c. 31, s. 222]

DIVISION VIMulti-employer Employment

Definition of multi-employer employment

  •  (1) In this Division, multi-employer employment, as more particularly defined by the regulations, means employment in any occupation or trade in which, by custom of that occupation or trade, any or all employees would in the usual course of a working month be ordinarily employed by more than one employer.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) defining more particularly the expression “multi-employer employment”; and

    • (b) modifying, to such extent as the Governor in Council deems necessary, the provisions of Division IV, V, VII, VIII, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer.

  • Marginal note:Idem, application

    (3) Any regulation made pursuant to subsection (2) may be made applicable to all federal works, undertakings or businesses or particularly to one or more such works, undertakings or businesses or such classes thereof or classes of employees thereof as may be specified in the regulations.

  • R.S., 1985, c. L-2, s. 203
  • R.S., 1985, c. 9 (1st Supp.), s. 9

DIVISION VIIReassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance

Maternity-related Reassignment and Leave

Marginal note:Reassignment and job modification

  •  (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.

  • Marginal note:Medical certificate

    (2) An employee’s request under subsection (1) must be accompanied by a certificate of a qualified medical practitioner of the employee’s choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk.

  • R.S., 1985, c. L-2, s. 204
  • R.S., 1985, c. 9 (1st Supp.), s. 9
  • 1993, c. 42, s. 26
 
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