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

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

Application

Marginal note:Application of Part
  •  (1) This Part applies

    • (a) to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

    • (b) to and in respect of employees who are employed in or in connection with any federal work, undertaking or business described in paragraph (a);

    • (c) to and in respect of any employers of the employees described in paragraph (b);

    • (d) to and in respect of any corporation established to perform any function or duty on behalf of the Government of Canada other than a department as defined in the Financial Administration Act; and

    • (e) to or in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

  • Marginal note:Non-application of Division I to certain employees

    (2) Division I does not apply to or in respect of employees who

    • (a) are managers or superintendents or exercise management functions; or

    • (b) are members of such professions as may be designated by regulation as professions to which Division I does not apply.

  • Marginal note:Non-application of Division XIV to managers

    (3) Division XIV does not apply to or in respect of employees who are managers.

  • R.S., 1985, c. L-2, s. 167;
  • R.S., 1985, c. 9 (1st Supp.), s. 5;
  • 1993, c. 28, s. 78, c. 38, s. 90;
  • 2002, c. 7, s. 98(E).
Marginal note:Saving more favourable benefits
  •  (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part.

  • Marginal note:Where collective agreement applies exclusively

    (1.1) Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement.

  • Marginal note:Sunday

    (2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

  • R.S., 1985, c. L-2, s. 168;
  • 1993, c. 42, s. 13.

DIVISION IHours of Work

Marginal note:Standard hours of work
  •  (1) Except as otherwise provided by or under this Division

    • (a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

    • (b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

  • Marginal note:Averaging

    (2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

  • Marginal note:Duration of averaging

    (2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

    • (a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

    • (b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

  • Marginal note:General holidays in week

    (3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

  • R.S., 1985, c. L-2, s. 169;
  • 1993, c. 42, s. 14.
Marginal note:Modified work schedule
  •  (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

    • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

    • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

  • Marginal note:Posting of notice

    (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

  • R.S., 1985, c. L-2, s. 170;
  • 1993, c. 42, s. 15.
Marginal note:Maximum hours of work
  •  (1) An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed.

  • Marginal note:Averaging

    (2) Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section.

  • R.S., c. L-1, s. 30;
  • R.S., c. 17(2nd Supp.), s. 4;
  • 1977-78, c. 27, s. 6.
Marginal note:Maximum hours of work
  •  (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

    • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

  • Marginal note:Idem

    (2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

    • (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

    • (b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

  • Marginal note:Posting of notice

    (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

  • R.S., 1985, c. L-2, s. 172;
  • 1993, c. 42, s. 16.
 
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