Employees are legally entitled to a 30-minute meal per day. An employee cannot work more than 5 hours without having a meal period. In particular, meal times are not considered to be working hours and are not taken into account in overtime pay. Employers are not required to offer their employees “coffee breaks” beyond this 30-minute meal time. For such an agreement to be valid, the employer must provide employees with the latest information sheet on hours of work and overtime pay prepared by the Director of Employment Standards. In the agreement, the employee must confirm receipt of the information sheet. Today, Ontario`s Employment Standards Act (our guide here) sets out employers` obligations and employees` rights to the workplace, including working time rights. What will be most surprising is that Ontario`s Employment Standards Act can set a minimum wage of three hours for an employee, even for a 30-second call after work. This is not a change in the law. Article 21.2, paragraph 1, provides: “If a worker who regularly works more than three hours a day must report to work but works less than three hours. the employer pays the employee a salary of three hours. Unless they work in a split shift, your employees must have at least eight hours off between shifts. However, if the total working time in both shifts does not exceed 13 hours, this rule does not apply. An employee and an employer may agree in writing or electronically that the employee will have less than eight hours of leave between shifts.
Unlike the rules on daily working time, the requirements for daily non-work rules (i.e. rest periods) cannot be changed by a written contract between an employer and an employee. This week, we bring you another one in our series of questions to clients on Bill 148. Today we are going to talk about the three-hour rule. This amendment will come into force on January 1, 2019 in the accommodation changes category of the Employment Standards Act. Although the usual 9 to 5 hours of work are ubiquitous, it has not always been so. Until the 19th century, working hours were dangerously long. In 1884, Ontario passed legislation to address these concerns, and in 2020, the average workday looks very different from our primitive past. The rule states that you must be paid for at least 3 hours, even if you work less than 3 hours a day. For example, your employer may send you home earlier because business is slow. There is a rule to get paid at least 3 hours when you work. This rule only applies if you have normal working hours of more than 3 hours per day.
Once the calculation of the wages earned by the employee for the working time worked under point (i) has been made, the employee is entitled to the payment of his standard rate for the remaining time in accordance with point (ii). For example, if a worker works one hour and is entitled to receive one and a half times his standard rate of pay for that hour (for example because it was a public holiday), he is also entitled to 2 hours of overtime pay at his standard rate in accordance with Article 1(1) of the first subparagraph. If you believe your employer has not adequately compensated you and you are seeking legal help or advice, please contact Toronto Employment Lawyers Sultan Lawyers at 416-214-5111 or by email at mlahert@sultanlawyers.com. In general, the maximum number of hours an employer can require its employees to work in a single week is 48 hours. This can be exceeded by agreement between the employer and the employee; However, this employment contract does not release the employer from his obligation to pay overtime. Please note that although travel time is not included in working hours, work-related travel and training are not included. Therefore, the answer to many hours per week are part-time is that there is no fixed number of hours for part-time. Nevertheless, employers must pay employees at least three hours` pay each time an employee comes to work.
In this regard, it could be said that part-time hours are between 3 and 8 hours per day for a number of days in a week, which is lower than the normal 5-day workday. For example, working only 3 days a week for 8 hours a business day is “part-time” because “full-time” is traditionally 8 hours a day, 5 days a week. In 2018, the general minimum wage is $11.35 per hour. If you multiply this amount by three, the result is $34.05. If your employee works a very short shift and earns less than that amount, you should increase their salary to $34.05. However, if your employee`s income exceeds this amount, you should pay them what they earned. An employer is free to give an employee two 15-minute meal periods, provided that an employee has a total of 30 minutes every five hours to eat without work. Also note the exception to this rule, which states that it is not applicable and that the employer does not have to pay the employee for three hours if he or she is unable to perform the work due to “fire, lightning, power outage, thunderstorms or similar causes that are beyond the employer`s control and result in the cessation of work.” There is a daily and weekly limit on the maximum number of working hours.