Back

Act respecting labour standards
Section 52

Interpretation

The Act respecting pre-hospital emergency services (R.S.Q., c. S-6.2) excludes from the application of this division and section 78 of the Act respecting labour standards an employee who holds the position of ambulance technician.

To be excluded from the application of sections 52 to 59 and 78 ALS, an employee must be an ambulance technician and work for the holder of an ambulance service permit who entered into a contract with the regional board. This contract must stipulate that the work schedules are made up of periods of work, on-call periods and periods of rest.

All of these conditions must be met in order for the exclusion to apply.

It should be noted that these provisions entered into force on March 8, 1989.

Section 76 of the Act respecting pre-hospital emergency services stipulates that:

"Division II of Chapter IV and section 78 of the Act respecting labour standards (chapter N-1-1) do not apply to employees of holders of ambulance service permits who are ambulance technicians whose work schedules, as established under contracts entered into pursuant to section 9, are made up of periods of work, on-call periods and periods of rest."

Section 9 of the same Act reads as follows:

"The agency must, within the framework of the organization of pre-hospital emergency services, enter into a three-year service contract with any ambulance service permit holder operating in its region under which the holder undertakes to provide the services as determined between the holder and the agency according to the schedules authorized by the agency."

Provisions still in force:

Although the Act respecting health services and social services (R.S.Q., c. S-5) has been replaced by a new chapter (R.S.Q., c. S-4.2), the aforementioned provisions of the Act respecting health services and social services, chapter S-5 (now the Act respecting health services and social services for Cree Native people) remain in force (s. 620 of c. S-4.2). Hence, ambulance technicians will remain excluded from this division and section 78 of the Act respecting labour standards.

Workweek

For the purposes of computing overtime, the regular workweek is 40 hours except in the cases where it is fixed by regulation of the Government.
(Paragraph repealed).

1979, c. 45, s. 52; 1997, c. 45, s. 1; 2002, c. 80, s. 13.

Interpretation

The purpose of section 52 is not to establish a regular workweek, but rather a method for computing the remuneration payable for all of the hours worked by the employee in a week when they total more than 40 hours. Therefore, this provision creates the obligation for the employer to pay the employee at a premium rate after 40 hours of work per week.

A regular workweek may vary from one undertaking to another provided, however, that the minimum prescribed by law is respected.

Moreover, sections 9 to 13 RLS stipulate certain exceptional cases related to the length of the regular workweek.