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Weekly Hours and Overtime

What is the regular work week?

It's 8 hours a day, 40 hours a week.

(Note: If you belong to a union, check your collective agreement. You might have better hours of work and overtime provisions than the minimum protections found in the law.)

Are there limits to the number of hours my boss can make me work?

The maximum is 10 hours a day, 60 hours a week. Youth (under 17) are not allowed to work between 11:00pm and 6:00am without written approval of an Employment Standards Officer.

Do I get a break?

Your boss has to give you a ½-hour break after you work 5 hours in a row.

Do I get days off?

Unless a permit says otherwise, every worker is entitled to one day off in a week and that day should be Sunday where practical.

Are there any exceptions to these hours of work?

A labour standards officer can issue a permit to vary the hours of work under the following circumstances. (The permit must specify when overtime kicks in.)

  • You and your boss can ask that you be allowed to work more than the standard 8 hours a day and fewer days a week.

  • If you work in an industry that can't operate regularly within the standard 8-hour day, the standard and maximum hours of work can be averaged over a period of one or more weeks.

  • The maximum hours of work can be surpassed if you work in a seasonal industry, or one where the work happens at intervals.

  • If there are exceptional circumstances to justify longer hours, then employers can go beyond the maximum hours of work.


Employers can also go above the maximum hours without a permit if there's an emergency such as an accident, urgent work needed on equipment or the plant, or unforeseen circumstances. But this is only to prevent serious disruption to normal operations.

Overtime

How much am I paid for working overtime?

You are paid 1.5 times your normal rate of pay for ever hour you works over 8 hours in a day or 60 hours in a week.

How is overtime calculated?

Overtime is based on your hourly wage. If you work on a basis other than hourly wage, overtime is at least minimum wage per hour.

Can I refuse to work overtime?

No. The law does not give workers this right.

Are any workers excluded from these laws?

Domestic workers working in the home where their employer normal resides and students on work programs.

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Canadian Labour
Last Updated: 14.07.11