CLIENT GUIDE

EMPLOYMENT STANDARD - Hours of Work

 

(This Client Guide provides general information and is made available to provide a general description of statutory employment standards in Ontario. This is not intended to constitute legal advice, which by its nature is situation specific. The legal consequences of the minimum employment standards can be confusing and if you have questions about a specific employment standard or other legal problem, you should consult a lawyer who will provide legal advice only after reviewing all the facts relevant to your situation, rather than relying on the general information provided in this Guide.)

The Employment Standards Act of Ontario (the "Act") sets out provincial minimum standards for certain specified employment conditions in Ontario. Since these standards are minimums only, an individual contract of employment may well entitle an employee to benefits beyond the statutory minimum standards. These standards do not apply to employees governed by the Canada Labour Code.

This standard does not apply to residential care workers. They have their own standard.

Hours of Work:

Daily Limit: 8 hours or such additional amount as the employer may establish as a regular work day

Weekly Limit: 48 hours

With the agreement of the employee, up to 60 hours per week (the employee's agreement may be revoked upon 2 weeks notice and an employer may revoke the agreement upon reasonable notice) or such other number of hours as are prescribed (by regulation) in a work week.

*** On January 19, 2004, the Minister of Labour announced that this 60 hour standard will be revoked. Implementing legislation is expected to be introduced in the spring session of the legislature, although no particulars of what hours, if any, in excess of 48 will be permitted was described in the announcement. ***

Hours Free From Work:

Daily: 11 free hours (except when called in on a day off)

Between shifts: 8 hours unless the total time on successive shifts does not exceed 13 hours or the employer and employee agree otherwise

Weekly: 24 consecutive hours in every work week; or ay least 48 hours in every period of 2 consecutive weeks

Exceptions:

  • an emergency
  • if something unforeseen occurs, to ensure continued delivery of essential service
  • if something unforeseen occurs, to ensure continuous processes or seasonal operations are not interrupted
  • to carry out urgent repair work.

An eating period of at least 30 minutes at such intervals so that an employee is not required to work longer than 5 consecutive hours without an eating period. An employer and an employee can agree (not necessarily in writing) to have two eating periods in a five hour period that together total 30 minutes. The employer is not required to pay an employee for an eating period where work is not being done unless the employment contract requires such payment.

An employee cannot agree to work beyond the maximum hours.

The hours of work standard must surely be among the least observed of any of the statutory employment standards.

Work beyond 44 hours in any week must be paid for at the overtime pay rate established by the Act.

For more information on residential car workers, see: Ontario Regulation 286/01, sections 20-23.

   FURTHER QUESTIONS

If you have any questions or wish further information on employment standards, please contact a member of our Employment Group.

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This page was originally created on July 31, 2001 and was last updated on January 19, 2004.
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