Right to Refuse to Work on Sundays and Retail Closing Days

There are no restrictions on retail openings on Sundays.

Some retail businesses are prohibited from opening on Designated Closing Days.

The Labour Standards Code gives employees in some retail businesses the right to refuse to work on Uniform Closing Days. The Uniform Closing Days are:

• Sundays
• New Years Day
• Good Friday
• Canada Day
• Labour Day
• Thanksgiving
• Christmas
• Boxing Day

Q: Since many retail business are required to close on the all the Uniform Closing Days except Sunday, why is the right to refuse to work an issue on those days?

A: Even though many retail businesses cannot open on these days, employees may still be scheduled to stock shelves, clean, etc. These employees have the right to refuse to work.

Q: Which retail businesses are exempt from the right to refuse to work rules?

A: Retail businesses whose employees do not have a right to refuse to work are:

• grocery stores that at no time operate in an area greater than 4,000 square feet.
  Note: If two or more stores selling groceries are owned by related persons and are in the same building or are adjacent or in close proximity to one another, they are considered to be one store for the purposes of determining whether employees have the right to refuse to work on Sundays.
• drug stores if they do not have more than 2,000 square feet dedicated to food items; are not larger than 20,000 square feet in total, and are not in a department store
• farm sales of agricultural products
• sales of maple sugar products
• Christmas tree sales
• retail gas stations (motor vehicle service stations)
• restaurant and tourism/hotel services
• confectionary stores
• stores selling handicrafts and souvenirs to tourists
• canteens
• fruit and vegetable stands selling local produce
• flea markets and rummage sales
• retail fish stores
• laundromats
• billiard and pool halls
• video or DVD rental places
• modular (prefabricated) home sales
• nursery and plant stores
• the sale of books, newspapers, magazines
• antique stores
• art galleries
• used clothing stores
• private clubs, veterans and other clubs, but not clubs set up for the purpose of retail sales
• public games for gain and reward
• public performances, cinemas
• excursions
• car rental and boat rental operations
• buses, trains and other modes of transportation
• ferry operations
• telephone and telegraph operations
• broadcasting
• newspaper publication
• retail businesses providing goods and services on an emergency basis

Q: Are there other retail employees who do not have a right to refuse to work on Sundays and closing days?

A: Unionized employees are also exempt from the right to refuse to work provisions of the Labour Standards Code.

Q: What protection does the right to refuse give employees?

A: Employees of retail businesses which are not exempted have the right to refuse to work on Sundays or closing days in general or on a particular Sunday or closing day.

Employees who have the right to refuse are protected against retaliation and can be ordered reinstated with back pay if their employment is terminated because they refuse.

Q: Does the employee need to give notice to refuse to work?

A: Yes, the employee must give her employer seven days notice of her intention to not work on Sundays and closing days in general or on a particular Sunday or closing day. If the employer gives less than seven days notice that the employee is scheduled to work on a Sunday or closing day, the employee must give notice of her intention not to work that day, within two days of receiving the notice.

Q: What if an employee who had agreed to work changes her mind?

A: The employee can change her mind by giving her employer notice, as detailed above, of her intention to not work on Sundays and closing days in general or on a particular Sunday or closing day.

Q: Can an employer ask an employee to sign an agreement waiving her right to refuse?

A: No. The right to refuse to work on Sundays and closing days cannot be waived.

Q: Are the closing days the same as the paid holidays listed under the Labour Standards Code?

A: Some of the days are the same. New Years Day, Good Friday, Canada Day, Labour Day and Christmas Day are closing days and paid holidays. However, Boxing Day, Easter Sunday and Thanksgiving Day are closing days but not paid holidays.

More information on paid holidays is available here.

Q: What about Remembrance Day?

A: Remembrance Day is a holiday under the Remembrance Day Act and is somewhat different than the 5 general holidays in the Labour Standards Code.

Employees required to work on Remembrance Day get an alternate day off with pay, unless they work for certain types of businesses that are exempt from the Act. Employees who do not work that day, do not get paid for the day, unless the employer offers pay as an added benefit - check with your employer. Remembrance Day must be observed on the actual date.

Some retail businesses must close on Remembrance Day.

For more information about Remembrance Day, see here.

Q: Who do I contact about filing a complaint under the right to refuse to work provisions of the Labour Standards Code?

Contact the Labour Standards Division of Nova Scotia Labour and Advanced Education

How to Contact the Labour Standards Division

Phone: (902) 424-4311
Toll free: 1-888-315-0110
Fax: (902) 424-0648
Email: labrstd@gov.ns.ca
Web: www.gov.ns.ca/lae/employmentrights/

Department of Labour and Advanced Education
Labour Standards Division
5151 Terminal Road, 7th floor
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8