Employee Rights and Regulations: Workday, Leave & More
Employee Rights and Regulations
Working Hours and Schedules
Night Work
Work performed between 10 PM and 6 AM is considered night work. A night worker is someone who performs at least 3 hours of their daily work or one-third of their annual work during this period.
Workday Limits and Breaks
The maximum workday is generally 40 hours per week. Agreements between the company and workers or collective agreements can allow irregular distribution of daily working hours, provided there is a minimum 12-hour rest period between shifts. Workdays exceeding 6 continuous hours require a 15-minute break. Split shifts must have at least a 1-hour break between them.
Shift Work
Shift work involves workers successively occupying the same jobs according to a continuous or discontinuous pattern, requiring them to work at different times (morning, evening, or night) over days or weeks. Workers are entitled to health and safety protections adapted to their work.
Example: Night Work
If a worker’s workday is from 4 PM to 12 AM, they perform night work (8 PM to 12 AM). This qualifies them as a night worker and entitles them to night work allowances.
Maximum Workday Flexibility
By agreement, and respecting the 12-hour rest period, the 9-hour daily work maximum can be modified.
Limits for Workers Under 18
- Maximum 8 hours of actual work, including training.
- Minimum 30-minute break for workdays exceeding 4.5 continuous hours.
- Minimum 1-hour break for part-time work.
Leave and Time Off
Annual Leave
Annual leave is at least 30 calendar days. The schedule is determined by mutual agreement between employer and employee, following collective agreements.
Disagreements on Leave Scheduling
Disagreements are addressed through the appropriate jurisdiction, which issues a binding ruling on the leave dates.
Overtime
Definition of Overtime
Overtime is any work exceeding 40 hours per week.
Employer Responsibilities
Work Pattern Considerations
Employers arranging work patterns should consider legal limits, employee well-being, and operational needs.
Payment in Lieu of Vacation
Employees cannot be paid instead of taking vacation time, except when the contract ends before accrued vacation can be taken.
Types of Work Schedules
- Continuous: 8 AM to 3 PM, 10 AM to 2 PM, 5 PM to 8 PM
- Night work: 10 PM to 6 AM
- Shifts: Rotating days, afternoons, and evenings
Overtime Compensation
Overtime in June cannot be compensated with time off in December due to the excessive time lapse.
Changes to the Workday
Employee Choices
- Accept the change.
- Unemployment (20 days compensation per year worked, capped at 2 months).
- Legal action (if the change is not approved and the employer persists, the worker can claim unemployment with 45 days compensation, capped at 42 months).
- Resignation if the change violates worker dignity (45 days compensation, capped at 42 months).
Jus Variandi
Definition and Principles
Jus variandi is the employer’s right to unilaterally modify working conditions, subject to two principles: minimizing employee harm and compensating workers for any damages.
Assigning Tasks Outside Professional Group
Requires justification based on technical and organizational reasons, limited to urgent and unpredictable production needs. The salary remains the same.
Functional Mobility
Definition and Requirements
Functional mobility allows workers to be assigned different tasks within the same occupational group. It requires no specific cause or time limit, and the salary remains consistent with qualifications.
Geographical Mobility
Worker Rights
In temporary geographical mobility, workers can:
- Accept the transfer with covered family expenses.
- Claim unemployment (20 days salary per year of service, capped at 12 months).
- Take legal action.
Suspension of Work
Requirements for Economic and Technological Reasons
The company must remain operational, and other employees must be able to continue working.
Leave of Absence
Definition and Classification
Leave of absence is a suspension of the employment contract. It can be:
- At the worker’s request.
- Forced or voluntary (childcare or second-degree relative care).
Rights Granted
- Forced leave: Position and seniority are maintained.
- Voluntary leave: Seniority is not accrued.
- Childcare: 1 year, possibly extendable to 2 or 3 years.
- Family care: 2 years.