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Overtime

Remember

To make sure that you are applying the Act correctly, you must:

  • specify to the employee if he may be called upon to work overtime
  • pay overtime hours at time and a half or, at the employee’s request, replace these hours with a leave that takes the increase into account
  • understand that an employee may refuse to work under some conditions
  • obtain the approval of the Commission des normes, de l'équité, de la santé et de la sécurité du travail to stagger working hours.

To learn more, consult the Human Resource Management Guide.

Be advised

  • It is you who decides on the normal workweek

    This period extends from midnight on a given day to the end of the 7th day. It is used to establish entitlement to overtime and it serves as a reference for the payment of wages at the regular rate.
  • You are responsible for making a note of the working hours of your employees

    We suggest that you use a management tool (time sheets, time clock, etc.) which records all the data concerning them. You must keep these registers for 3 years.

In case of disagreement

Discuss the matter with your employee

Clarify the situation and, wherever possible, resolve the problem.

If the initiative comes from your employee, keep in mind that the Act prohibits you from exercising any form of reprisals against him.

Get informed

Get in touch with the Service des renseignements by telephone or e-mail, if necessary.

By acting promptly, you will limit the risks of having a complaint filed against you with the Commission des normes, de l'équité, de la santé et de la sécurité du travail. It is in your interest and that of your employee.

If the problem is not resolved, a complaint may be filed against you. In this case, be prepared to:

  • give your version of the facts
  • submit every document required by the inspector-investigator
  • pay the established claim, if any, failing which you may be subject to legal proceedings

A refusal to cooperate may result in penal proceedings and fines.

 

When a complaint is filed

When a complaint is filed