Variances

The Labour Standards Code states that employers must give their employees at least 24 consecutive hours off within 7 days. (Refer to section 66 of the Labour Standards Code).

Some employees are exempt from this requirement:

• Offshore oil and gas workers,
• certain farm workers,
• commissioned salespeople who work outside the employer's place of business,
• anyone who works on fishing boats,
• some professionals,
• people providing domestic service for a member of the employee's immediate family or for 24 hours or less per week.

Employers who are conducting special projects or undertakings may apply for a temporary exemption from the requirement to give employees one day off in 7 days. For example, a call centre may take on a new contract and have to provide employees with training within a short period. Employers can apply to temporarily have employees work more than 6 days without a rest - under special circumstances.

If employees are asked to work more than 6 days without a day of rest, the employer has to provide at least the amount of rest time that would accumulate during the work period.

To receive a variance, the employer generally must show that the majority of employees support the proposed schedule.

Important Note: Approval to vary the day of rest does not in any way reduce or eliminate the employers responsibility to pay overtime.

Application for Variance