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4.00 Meal and rest periods

4.01. After he has completed five consecutive working hours, the employee is entitled to a meal period without pay; that period must not exceed one hour.

Such meal period is paid at the effective hourly rate for the performance of maintenance work where the employee is not autorized to leave his work position or where the employer assigns the employee to work for a period of 12 hours or more.

An employee who works 12 hours or more in a single day is entitled to a second meal period without pay not exceeding one hour. To compute working hours, meal and rest periods are considered as worked time.

An employee who is required by the employer to carry a cellular telephone or another means of communication outside the work premises is not deemed to be at work.

However, the time spent by an employee answering a call from the employer during a meal period is worked at the end of that period.

R.R.Q., 1981, c. D-2, r. 39, s. 4.01; O.C. 1436-2001, s. 3; O.C. 736-2005, s. 3; O.C. 1082-2005.

4.02 Replaced

R.R.Q., 1981, c. D-2, r. 39, s. 4.02; O.C. 262-94, s. 4; O.C. 1382-99, s. 6; O.C. 1436-2001, s. 3

4.03. An employee is entitled, as the case may be, to

(1) 2 paid 15-minute rest periods for every work period of 7 hours;

(2) one paid 15-minute rest period for every work period of at least 3 hours but not more than 7 hours;

(3) one paid 15-minute rest period per 3-hour work period beyond 7 hours.

Subject to the provisions of a collective agreement, the rest periods are taken at the time determined by the employer.

The employee shall be considered to be at work during the rest period.

R.R.Q., 1981, c. D-2, r. 39, s. 4.03; O.C. 2526-85, s. 2; O.C. 262-94, s. 5; O.C. 1382-99, s. 7; O.C. 352-2006, s.3.