Ontario Employment Standards Act

[Updated March 2005.]

 The below information provides highlights to employers with respect to certain of the recent changes in the Act regarding employee working hours.

Overview:

1. Key points to remember:

(a) An employee must be paid overtime of at least 50% for hours in excess of 44 hours per week,

(b) An employee must receive at least 11 consecutive hours off between shifts [and as a result can never work more than a 13 hours per day].

(c) Even where an Approval has been obtained from the Director of Employment Standards [see below], an employee cannot work more than 60 hours in any one week.

2.  A written agreement with the employee is required where the employer wishes to have the employee work:

(a) more than 8 hours in any single day,

(b) more than their standard day in cases where the employee’s standard day is more than 8 hours [eg 4 days of 10 hour shifts], and

(c) more than 48 hours per week

[NB - A written agreement is required even where an employee is asked to work 1 single hour longer than the regular 8 hour [or longer] standard working day, and even where it occurs only once per year.]

3.  A written agreement with the employee is not required where the standard hours of employment are less than 8 hours, and the employer wishes to have the employee work 8 hours in any given day.

4. An Approval from the Director of Employment Standards must be obtained by the employer where the employer:

(a) wishes to have employees work more than 48 hours in any week, or

(b) wishes to average hours of work [eg (i) if one week is 48 hours and the next is 40, then averaging could reduce or eliminate overtime payment requirements, and (ii) if one week is 3 twelve hour shifts  and the following week is 4 twelve hour shifts then the employer could pay the employee based on a standard 42 hour work week].

Where an Approval is required, the employer must first provide the “Information Sheet for Employees” to each employee to ensure the employee is aware of their rights.

Notice to Reader

Please note that the above information is a summary only of selected information.  Employers should access the Ministry of Labour website for more detailed information.