![]() ![]() Under s.72 an employer and any of its employees may join in a written application to the director to vary the provisions of s.36.Įmployees covered by a collective agreement No additional pay is required if there is a contravention of this section, however, non-compliance may result in the issuance of a determination under s.79 of the Act, which includes a mandatory escalating monetary penalty. Īn employer must ensure each employee be given eight hours off between shifts worked except in the case of an emergency. each day as follows:ĭiane’s employer pays six hours of weekly overtime at time and one-half on Friday and eight hours of weekly overtime at time and one-half on Saturday (See s.40, Overtime wages.) By doing so, her employer has also complied with the requirements of this section.įor employees working under an averaging agreement under s.37 of the Act, s.37(8) and 37(9) apply with respect to the 32 hours free from work. It is not required that an employer pay 1-1/2 times the regular wage to comply with this section in addition to the weekly overtime.ĭiane works seven days in a week starting at 9a.m. 40 of the Act may satisfy the requirement to pay 1 1/2 times an employee’s regular wage for hours worked during the 32 hour rest period. To meet the requirements of this section, the employer may pay time-and-a-half for the four hours Spencer worked on Tuesday. Spencer has not had a 32-hour break from work. Spencer works 7 days in a week starting at 9am each day as follows: The Act does not specify a particular 32-hour period. If an employee does not have 32 consecutive hours free from work each week the employer must pay the employee 1.5 times the regular rate of pay for time worked during a 32-hour period sometime during the week. Since failing to receive 32 hours free from work often coincides with working overtime, and overtime is calculated on a week that runs from Sunday to Saturday, premium pay for the purposes of this section is calculated in the same manner. ![]() 1 of the Act as a period of seven consecutive days beginning on any day. For purposes of this section “week” is defined in s. ![]() (3) Subsection (2) does not apply in an emergency.Īn employer must ensure an employee receives at least 32 consecutive hours away from work each week. (2) An employer must ensure that each employee has at least 8 consecutive hours free from work between each shift worked. (b) pay an employee 1 1/2 times the regular wage for time worked by the employee during the 32 hour period the employee would otherwise be entitled to have free from work. (a) ensure that an employee has at least 32 consecutive hours free from work each week, or This section requires an employer to provide its employees with a minimum number of hours free from work between shifts, on a weekly and daily basis. ![]()
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