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

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Act current to 2021-06-03 and last amended on 2021-01-01. Previous Versions

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

DIVISION IHours of Work (continued)

Marginal note:Emergency work

  •  (1) The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of

    • (a) accident to machinery, equipment, plant or persons;

    • (b) urgent and essential work to be done to machinery, equipment or plant; or

    • (c) other unforeseen or unpreventable circumstances.

  • Marginal note:Reporting additional work

    (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

DIVISION I.1Flexible Work Arrangements

Marginal note:Right to request

  •  (1) An employee who has completed six consecutive months of continuous employment with an employer may request from the employer a change to the following terms and conditions of employment:

    • (a) the number of hours that the employee is required to work;

    • (b) the employee’s work schedule;

    • (c) the employee’s location of work; and

    • (d) any terms and conditions that apply to the employee and that are prescribed by regulation.

  • Marginal note:Contents of request

    (2) The request shall be made in writing and shall include

    • (a) the employee’s name;

    • (b) the date on which the request is made;

    • (c) a description of the change to the terms and conditions of employment that is requested;

    • (d) the date on which the change would take effect and, if the change is intended to be temporary, the date on which the change would cease to have effect;

    • (e) an explanation of the effect that, in the employee’s opinion, the requested change would have on the employer and the manner in which, in the employee’s opinion, the employer could manage that effect; and

    • (f) any information that may be prescribed by regulation.

  • Marginal note:Employer’s decision

    (3) An employer to whom a request is made shall make one of the following decisions:

    • (a) grant the request;

    • (b) offer to grant the request in part or to make an alternative change to the terms and conditions of employment; or

    • (c) refuse the request on one or more of the following grounds:

      • (i) the requested change would result in additional costs that would be a burden on the employer,

      • (ii) the requested change would have a detrimental impact on the quality or quantity of work within the employer’s industrial establishment, on the ability to meet customer demand or on any other aspect of performance within that industrial establishment,

      • (iii) the employer is unable to reorganize work among existing employees or to recruit additional employees in order to manage the requested change,

      • (iv) there would be insufficient work available for the employee if the requested change was granted, and

      • (v) any ground prescribed by regulation.

  • Marginal note:Notice of decision

    (4) The employer shall, as soon as possible and not later than 30 days after receiving the request, give written notice to the employee of their decision. The notice in respect of a decision made under paragraph (3)(b) or (c) shall include written reasons for refusing the requested change or for not granting a part of it.

  • Marginal note:Power to change terms and conditions

    (5) The employer may, for the purpose of granting a request made by an employee under paragraph (3)(a) or for the purpose of giving effect to a written agreement with the employee following an offer made under paragraph (3)(b), change the employee’s terms and conditions of employment. However, when there is any other provision under this Part or any provision of any regulations made under this Part that authorizes the employer to make a change to those terms and conditions, they shall make the change under that provision.

  • Marginal note:Collective agreement

    (6) An employer shall not change, under subsection (5), a term or condition of employment contained in a collective agreement unless the change is agreed to in writing by the employer and the trade union.

  • Marginal note:Prohibition

    (7) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has made a request under subsection (1) or take such a request into account in any decision to promote or train the employee.

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations limiting the number of requests that an employee may make in any year and specifying the information that shall be included in a notice under subsection (4) or an agreement referred to in subsection (5).

  • Marginal note:For greater certainty

    (9) For greater certainty, nothing in this section limits an employer’s duty to accommodate an employee under any other Act of Parliament.

  • Marginal note:Application of section 189

    (10) Section 189 applies for the purposes of this Division.

DIVISION IIMinimum Wages

Marginal note:Minimum wage

  •  (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate

    • (a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or

    • (b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

  • Marginal note:Where wage rate based on age

    (2) For the purposes of paragraph (1)(a), where minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

  • Marginal note:Amendment of minimum wage

    (3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,

    • (a) replace the minimum hourly rate that has been fixed with respect to employment in a province with another rate; or

    • (b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.

  • Marginal note:Minimum on other basis than time

    (4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,

    • (a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and

    • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of the minimum rate under subsection (1).

  • Marginal note:Minimum rate fixed by order to be paid

    (5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).

  • R.S., 1985, c. L-2, s. 178
  • 1996, c. 32, s. 1
 
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