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Employees - Labour Standards

Overtime

The recent departure of a colleague has forced your boss to ask everyone to work extra hours. You don't mind at first, so you volunteer some extra time. A few weeks later, you’ve had enough of putting in such long hours. You wonder if you really have to keep up with this pace. It may help to know that the Act respecting labour standards includes rules about overtime.

In this Infosheet, Éducaloi teaches you about the duration of a regular workweek, as well as the calculation and payment of overtime hours.

How many hours per week should I normally work?

The normal workweek for most employees is 40 hours. Working hours (which must be paid) include:

• hours when the worker has to stay at the workplace waiting for work to be available;
  
• breaks;
  
• travel time required by the employer.

Some things are not included in the calculation of hours, for example:

• time given for meals. Still, if you have to stay at your workplace during meals – for example if you are a receptionist and you have to continue serving clients – then meal times are included as working hours.

Normally the worker is paid overtime for any hours worked that are in addition to the regular workweek

Is the normal workweek the same for everyone?

No. The Act respecting labour standards holds that certain workers have a different workweek. Among these workers we find people who work in isolated locations or in the James Bay territory, and employees working in logging or in a sawmill, for instance.

My employer says that he doesn’t have to pay me overtime. Is this possible?

Yes. The Act provides that certain people don’t have a “regular workweek”. Among these people we find:

• students working in a summer camp or a non-profit organization with a social or community mission;
  
• management-level employees;
  
• workers who work outside their employer’s establishment and whose hours are not in the control of the employer;
  
• workers involved in packing, canning or freezing of fruit and vegetables during harvest season;
  
• employees in a fishing, fish-processing or canning facility;
  
• agricultural workers;
  
• workers who care for a person in their home.

If you are unsure whether you are among the workers on this list, you can contact the Commission des normes du travail for more information.

How are overtime wages calculated?

As a general rule, for every hour of overtime you should be paid one and a half times your regular hourly wage. However, keep 2 things in mind:

• this calculation does not take into account premiums, such as night premiums. For example, Corinne, who works the night shift, receives a salary of $10 per hour and a night shift premium of $0.50 per hour. For every overtime hour worked, Corinne will earn one and a half times her regular salary of $10 per hour, that is to say $15 per hour, plus a premium of $0.50 per hour if she is working the night shift.
  
  
• overtime hours are calculated on a weekly, not a daily, basis. For example, Jeanne, a part-time worker, works 14 hours per day, 2 days per week. Since the total of her hours worked per week is less than 40 hours, she is not working overtime according to the law.

Can my employer give me days off in compensation for the overtime I worked?

Yes, but only if you agree, if you ask for it, or if you are unionized and this is part of your collective agreement. Your employer will replace payment of overtime with time off equivalent to one and a half times the overtime hours worked. Be aware: you must take your vacation time within a year; if not, the employer must pay you money for your overtime.

For example, if Émile replaces a colleague for a whole 8-hour day of work above his normal workweek, he can take a leave of one and a half days (12 hours).

Can I refuse to work overtime?

In principle, no. But the Act imposes limits on the employer. In some situations a worker can refuse extra hours:

• She can refuse to work more than 4 hours beyond her normal workday, or, if the normal workday is 10 hours or more, the worker can refuse to work more than 14 hours in the same day;
  
• If the worker has no set daily working hours, he can refuse to work more than 12 hours in a 24-hour period;
  
• The worker also has a right to refuse to work after more than 50 hours in the same week (except for workers who have a different regular workweek under the law—see above).

In addition, your employer cannot force you to work overtime if you have to fulfill duties related to the care, health or education of your child or your spouse’s child, or if you have duties related to the health of a family member. Still, you must have tried all reasonable ways to fulfill these obligations without missing work – for example by trying to hire a sitter.

This right to refuse to work overtime does not apply in cases where there is a danger to the life or safety of the public, in case of emergency or if it goes against a code of ethics that applies to the worker.

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]