Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Staggering of working-hours

An employer may, with the authorization of the Commission, stagger the working-hours of his employees on a basis other than a weekly basis, provided that the average of the working-hours is equivalent to the standard provided for in the law or the regulations.

A collective agreement or a decree may provide, on the same conditions, without the authorization provided for under the first paragraph being necessary, for the staggering of working hours on a basis other than a weekly basis.

The employer and the employee may also agree, on the same conditions,

on the staggering of working hours on a basis other than a weekly basis, without

the authorization provided for in the first paragraph being necessary. In such a case, the following conditions also apply:

1. the agreement must be evidenced in writing and provide for the staggering of the working hours over a maximum period of four weeks;
2. a work week may not exceed the standard provided for in the law or the regulations by more than 10 hours; and
3. either the employee or the employer may terminate the agreement with notice of at least two weeks before the expected end of the staggering period agreed upon.

1979, c. 45, s. 53; 2018, c. 21, s. 8.

Interpretation

This provision concerns the calculation of overtime.

In cases where the Commission authorizes it, an employer may stagger the working hours on a basis other than a weekly basis; in other words, an employer may, with the authorization of the Commission, use a reference period other than the regular workweek to calculate the overtime. Therefore, an employer may stagger the working hours of his employees over several weeks.

The initial request for staggering is authorized for a maximum of one year. The Commission may authorize a request for renewal, under the same conditions, for a maximum period of three years.

The Commission’s authorization is not required where the staggering of working hours is provided for in a collective agreement or a decree.

The employer and the employee may also agree on such staggering without the authorization of the Commission being required, provided the following conditions are met:

• The average number of working hours is equivalent to the standard provided for in the law or regulations;
• The agreement is in writing and provides for staggering of the working hours over a maximum of four weeks;
• A work week does not exceed the standard provided for in the law or the regulations by more than 10 hours.

Such an agreement may be cancelled by either the employee or the employer with notice of at least two weeks before the expected end of the staggering period agreed upon.