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 IVAnnual Vacations

Marginal note:Definitions

 In this Division,

vacation pay

vacation pay means four per cent or, after six consecutive years of employment by one employer, six per cent of the wages of an employee during the year of employment in respect of which the employee is entitled to the vacation; (indemnité de congé annuel)

year of employment

year of employment means continuous employment of an employee by one employer

  • (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or

  • (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment. (année de service)

  • R.S., 1985, c. L-2, s. 183
  • 1993, c. 42, s. 19

Marginal note:Annual vacation with pay

 Except as otherwise provided by or under this Division, every employee is entitled to and shall be granted a vacation of at least two weeks with vacation pay and, after six consecutive years of employment by one employer, at least three weeks with vacation pay in respect of every year of employment by that employer.

  • R.S., c. L-1, s. 40
  • R.S., c. 17(2nd Supp.), s. 10
  • 1976-77, c. 28, s. 49
  • 1977-78, c. 27, s. 11
  • 1980-81-82-83, c. 47, s. 53(F)

Marginal note:Granting vacation with pay

 The employer of an employee who under this Division has become entitled to a vacation with vacation pay

  • (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and

  • (b) shall, at such time as is prescribed by the regulations, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation.

  • R.S., c. L-1, s. 41
  • R.S., c. 17(2nd Supp.), s. 11
  • 1976-77, c. 28, s. 49(F)

Marginal note:Vacation pay

 Vacation pay shall for all purposes be deemed to be wages.

  • R.S., c. L-1, s. 42

Marginal note:General holiday during vacation

 Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one day for each such holiday, and the employer shall pay to the employee in addition to the vacation pay the wages to which the employee is entitled for those general holidays.

  • R.S., c. L-1, s. 43
  • 1977-78, c. 27, s. 12

Marginal note:Termination of employment during year

 When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed

  • (a) any vacation pay then owing by the employer to the employee under this Division in respect of any prior completed year of employment; and

  • (b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to the employee.

  • R.S., 1985, c. L-2, s. 188
  • 2012, c. 31, s. 219

Marginal note:Transfer of work, undertaking or business

  •  (1) Where any particular federal work, undertaking or business, or part thereof, in or in connection with the operation of which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the work, undertaking or business, or part thereof, shall, for the purposes of this Division, be deemed to be continuous with one employer, notwithstanding the transfer.

  • Marginal note:Inclusion

    (2) For the purposes of subsection (1), a federal work, undertaking or business includes

    • (a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or

    • (b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.

  • R.S., 1985, c. L-2, s. 189
  • R.S., 1985, c. 9 (1st Supp.), s. 7
  • 1996, c. 18, s. 10
  • 2003, c. 22, s. 112

Marginal note:Regulations in relation to annual vacations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) defining the circumstances and conditions under which the rights of an employee under this Division may be waived or the enjoyment thereof postponed;

  • (b) prescribing the notices to be given to employees of the times when vacations may be taken;

  • (c) prescribing the time when vacation pay shall be paid;

  • (d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment;

  • (e) respecting the determination by the employer of a year of employment in relation to any industrial establishment;

  • (f) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases;

  • (g) providing for the granting of vacation or the payment of vacation pay in the event of temporary cessation of employment; and

  • (h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from his employment.

  • R.S., 1985, c. L-2, s. 190
  • 1993, c. 42, s. 20

DIVISION VGeneral Holidays

Marginal note:Definitions

 The following definitions apply in this Division.

employed in a continuous operation

employed in a continuous operation means, in respect of an employee, employment in

  • (a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

  • (b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;

  • (c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

  • (d) any operation or service normally carried on without regard to Sundays or general holidays. (occupé à un travail ininterrompu)

holiday pay

holiday pay means pay calculated in accordance with section 196. (indemnité de congé)

holiday with pay

holiday with pay means a holiday for which an employee is entitled to holiday pay. (congé payé)

  • R.S., 1985, c. L-2, s. 191
  • 2012, c. 31, s. 220

Marginal note:Entitlement to holidays

 Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment.

  • R.S., c. L-1, s. 48

Marginal note:General holiday falling on day off

  •  (1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay 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.

  • Marginal note:Alternative day for holiday falling on non-working Saturday or Sunday

    (2) Except as otherwise provided by this Division, when New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.

  • R.S., c. L-1, s. 49
  • R.S., c. 17(2nd Supp.), s. 13
  • 1977-78, c. 27, s. 14
 
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