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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Hours of Works

Sections
52
53
54
55
56
57
58
59
59.0.1

Section 53

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, with a maximum term of six months, is evidenced in writing at least 30 days before the beginning of the first period over which working hours are staggered under the agreement;
  2. the hours are staggered over a maximum period of four weeks; and
  3. a work week may not exceed the standard provided for in the law or the regulations by more than 10 hours.” 

1979, c. 45, s. 53.

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, for the purposes of calculating overtime, an employer may, with the authorization of the Commission, use a reference period other than the regular workweek. Therefore, an employer may stagger the working hours of his employees over several weeks.

Such a staggering shall be for a maximum period of one year and shall be the
subject of a new application each year, taking into account section 115 ALS.

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

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