The normal working week
The standard workweek provides the basis for determining when overtime begins. It does not represent the maximum number of hours after which someone can refuse to work.
For most workers, the standard workweek is 40 hours. Any time worked beyond this limit is considered overtime and except in specific cases, must be remunerated at time-and-a-half. The same rule applies in workplaces where the standard workweek is set at fewer than 40 hours.
Averaging of working hours
Under certain conditions, working hours may be averaged over several weeks for the purposes of calculating overtime.
The average number of hours worked during the period in question must correspond to the standard workweek (typically 40 hours). If an employer wishes to apply an averaging arrangement to all workers, they must obtain authorization from the CNESST. This authorization is not required when the arrangement concerns an individual case.
Attendance at work
Attendance at work determines the period during which a worker must be remunerated, including hours worked and time spent at the workplace, whether required or agreed upon with the employer.
Workers present at their workplace are considered to be at work when they are available to be assigned a task. As such, they must be paid.
The same applies to mandatory business travel and trial or training periods required by the employer. When a worker has to attend a meeting scheduled outside their normal working hours, this also counts as time worked.
Breaks and weekly rest periods
Daily breaks and weekly rest periods are governed by specific rules.
In principle, breaks are not mandatory. They are therefore considered paid work only if granted by the employer.
Workers are entitled to a 30-minute meal break after five consecutive hours of work. This is generally unpaid, except when the worker is required to remain at their workstation during that time.
Workers are entitled to 32 consecutive hours of rest per week. An exception applies to farm workers, who can agree to defer their weekly rest period to the following week (once only). In this case, they are entitled to two consecutive 32- hour rest periods the following week.
Overtime
Overtime is calculated on the basis of a standard 40-hour workweek, including in workplaces where the regular week is shorter.
Any work performed beyond 40 hours per week is considered overtime, and must be paid as such.
In principle, overtime is paid at time-and-a-half to all workers.
Farm and seasonal workers do not have to be paid at time-and-a-half if they exceed the 40-hour week. This is the only exception.
Conversely, if the farm worker is assigned to non-agricultural duties, the employer must pay overtime at time-and-a-half.
The worker also has the right to exchange overtime pay for equivalent time off equal to the number of overtime hours worked.
In some cases, the worker may refuse to work overtime. However, refusal is not permitted if doing so would endanger others, create a major risk of damage or deterioration, violate a professional code of ethics, or in any other cases of force majeure.
