Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division II - Hours of work (Section 52 to 59.0.1)
An employee who reports for work at his place of employment at the express demand of his employer or in the regular course of his employment and who works fewer than three consecutive hours, except in the case of superior force, is entitled, to an indemnity equal to three hours' wages at the prevailing hourly rate except where the application of section 55 entitles him to a greater amount.
This provision does not apply in the case where the nature of the work or the conditions of its execution require the employee to be present several times in the same day, for less than three hours each time, such as that of a school crossing guard or a bus driver.
Neither does it apply where the nature of the work or the conditions of execution are such that it is ordinarily completed within a three hour period, such as the work of a school-crossing guard or usher.
1979, c. 45, s. 58.
An employee who reports to work at the request of his employer or in the regular course of his work and who works less than three consecutive hours is entitled to a compensation equal to three hours of wages at the prevailing rate.
For example, in the normal course of his work, an employee usually works six hours a day. On a given day, the employer decides to have the employee work for a period of two hours instead of his usual six hours. The employee will be entitled to an indemnity equal to three hours of work, namely the two hours worked and one additional hour, in order to equal the minimum of three hours required.
This provision does not apply when:
- a case of superior force occurs preventing the employer from assigning work to the employee (e.g.: a fire);
- the nature of the work or the conditions for carrying out the work are such that the presence(s) of the employee is for a period of less than three hours.