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3.00 Working hours

3.01 The standard workweek is 40 hours.

An employer may schedule the working hours of his employees on a basis other than a weekly basis, where he meets the following conditions:

  • 1) the purpose of the schedule is not to avoid the payment of overtime hours;
  • 2) he has obtained the agreement of the employee concerned;
  • 3) the schedule grants the employee another type of benefit to compensate for the loss of payment of overtime hours;
  • 4) the average number of hours worked is equivalent to the number of hours of the standard workweek;
  • 5) working hours are scheduled over a maximum period of four weeks;
  • 6) the duration of the schedule does not exceed one year;
  • 7) he has forwarded a written notice to the Parity Committee at least 15 days previous to the application of the schedule.

A scheduled period may be changed or renewed by the employer on its expiry on the same conditions as those provided for in the second paragraph.

R.R.Q., 1981, c. D-2, r. 39, s. 3.01; O.C. 275-82, s. 2; O.C. 2526-85, s. 1; O.C. 1382-99, s. 3; O.C. 1436-2001, s. 2.

3.02. Any work performed at the request of the employer in excess of the hours of the standard workweek shall be paid at time and a half the hourly wage currently paid to an employee, excluding premiums established on an hourly basis.

For the purposes of calculating overtime hours, annual vacations and paid general holidays are considered as working days.

R.R.Q., 1981, c. D-2, r. 39, s. 3.02; O.C. 262-94, s. 3; O.C. 1382-99, s. 3.

3.03. The beginning of the workweek is determined by the employer who shall give a written notice to the parity committee.

R.R.Q., 1981, c. D-2, r. 39, s. 3.03.

3.04. An employee is considered to be at work when he is obliged to remain on the work premises while waiting for the establishment to be unlocked.

The first paragraph does not apply to the meal period provided for in section 4.01.

O.C. 1382-99, s. 5.

3.05. An employee is considered to be at work during the period of travel between the different publics buildings where he must perform consecutive maintenance work at the request of the employer.

O.C. 1382-99, s. 5.

3.06. An employee is considered to be at work when he is available to the employer on the work premises and is obliged to wait to be assigned work.

The employee is considered to be at work during any trial or training period required by the employer.

An employee is considered to be at work during the preparation of material required for the work.

O.C. 1382-99, s. 5; O.C. 736-2005, s. 2; O.C. 352-2006, s.2.

3.07. The employee considered to be at work during the periods provided for in sections 3.04 to 3.06 and in section 4.03 is entitled to the wage corresponding to the one he is paid for the performance of maintenance work.

O C. 1382-99, s. 5.