…you are affected by a labour dispute?
When a strike, lockout, or other type of labour dispute makes you lose your employment or stops you from working, you are usually not entitled to receive EI benefits. The following conditions apply, regardless of whether or not you are unionized or whether you are employed in full-time or part-time employment.
If you directly participate in a labour dispute, you are not entitled to receive EI benefits until:
- the strike or the lockout is over; or
- you find another regular employment for which you are paying EI premiums and you work for the minimum number of hours of insurable employment required to receive EI regular benefits.
However, you may be entitled to receive benefits if:
- you are not participating in the labour dispute;
- you are not directly financing the dispute;
- you are not directly affected by the dispute (that is, the conflict at issue will not change your pay or your working conditions); or
- you had already made arrangements to have a leave of absence approved before the work stoppage started (for example, you applied for sick leave, maternity leave, parental leave, compassionate care or PCIC leave, or leave to take authorized training—in these cases, you may be entitled to receive benefits, as long as you qualify for them).
Strike Pay: How Much? Who? When?
In accordance with section 7.24 of the National Constitution, strike pay has been set at $200 per week. There are no provisions for partial payments in the event the strike lasts less than a seven-day period, or multiple thereof. Strike pay is non-taxable.
All members and members in good standing. To qualify, each member must participate in strike activities to the level required by their Local.
Strike pay is not compensation for doing picket duty. It is financial assistance for those who are receiving no income from the employer while participating in strike activities. Those on approved injury-on-duty or disability insurance claims should not receive strike pay. The nominal payments for processing and delivering socio-economic assistance cheques do not disqualify members from strike pay.
RAND employees are not entitled to strike pay. RAND employees who sign up with the Union begin to earn credits towards strike pay as of the date they complete the qualification under section1.04 of the National Constitution.
Individuals who have been expelled from the Union are not entitled to strike pay. While they are not entitled, their participation in strike activities and their support of the goals of the Union are factors to be considered if and when they apply for readmission to the Union.
The National Constitution says that strike pay shall be paid to the member for each week of a strike or lock-out. It goes on to define ‘week’ as a period of seven days or more during which the Local is on strike for five days. In the case of a continuous shut down, strike pay would be payable on the eighth day.
In the case of a rotating strike, payment would be made on the day after the fifth day of strike as long as that is more than seven days after the strike began.
Section 7.26 of the National Constitution states that there shall be no Local strike pay of any kind.
I trust this is satisfactory but if you have any questions or comments, please contact your Regional or National Office.
Federal Labour Standards
1. Do the hours of work and overtime provisions apply to all employees?
No. Managers, superintendents, and employees who carry out management functions are exempted. Architects, dentists, engineers, lawyers, and medical doctors are also excluded. Special hours of work regulations in several industries exempt or set different standards for certain employees. The major examples are the following:
(refer to pamphlet 9A for details)
|East Coast and Great Lakes shipping||Employees on ships|
|West Coast shipping||Employees on ships|
|Railways||Running trades employees|
2. What are the standard hours of work under the Canada Labour Code?
Eight hours in a day and 40 hours in a week except in the case of averaging (see question 8), special regulations (seequestion 1), or modified work schedules (see question 13). Hours worked in excess of standard hours must be paid for at the overtime rate. In the Code and Regulations, standard hours are also referred to as “working hours”.
Note: The Code defines a day as any period of 24 consecutive hours. A week is the period between midnight on Saturday and midnight on the immediately following Saturday.
3. What is considered overtime?
Overtime means any hours worked in excess of the standard hours specified in the Code or Regulations, in most cases 8 in a day or 40 in a week. If the total of daily overtime hours differs from the total of weekly overtime hours, the greater of the two amounts is used in calculating overtime payments.
4. What is the overtime rate?
A minimum of one and one-half times the regular rate of wages.
5. When are employees entitled to overtime pay in a week in which a general holiday occurs?
The weekly standard hours (normally 40) must be reduced by 8 hours for each holiday. Therefore, in a week in which a holiday occurs, overtime would apply after 32 hours. Any time worked on a holiday is not counted in calculating overtime entitlement. (See pamphlet 4 on the pay requirements for hours worked on a holiday.)
6. What is the maximum number of hours that employees may work in a week?
The maximum time an employee may work each week is normally 48 hours.
7. Can the maximum hours of work be exceeded?
Yes, in the following situations:
- Exceptional circumstances
- If the employer can satisfy the Minister of Labour that exceptional circumstances make extra hours necessary, a permit specifying the number of hours employees may work over a limited period can be granted.
- The permit may also exempt the employer from the “day of rest” requirement referred to in question 12. Applications must normally be made 60 days in advance, and the employer must satisfy the Minister that the application for the permit is being posted for employees to see for at least 30 days prior to its proposed effective date. Obtaining a permit does not exempt the employer from the obligation to pay overtime.
- The employer must report in writing to the Minister within 15 days after the permit expires or at another date specified in the permit. The report must show the number of employees who worked more than 48 hours in a week and the number of additional hours in a week each employee worked.
- Emergency work
- In case of emergency, such as an accident or essential work to be done to equipment, the maximum hours may be exceeded without a permit. A written report to the regional director and to a trade union representing affected employees, if applicable, must be made within 15 days of the end of the month in which the emergency hours were worked. The report must state the nature of the emergency, the number of employees working in excess of the maximum hours, and the number of additional hours each employee worked.
- Information on when an employer may average the working hours is found in questions 8 to 12
8. Can hours of work be averaged?
Yes. If the nature of the work in an establishment necessitates irregular hours due to seasonal or other factors, resulting in employees having no regularly scheduled hours or having regularly scheduled hours which vary from time to time, then the hours can be averaged. In such cases, the employer may average the working hours of employees over a selected period of 2 or more weeks.
Please refer to the Canada Labour Standards Regulations for specific information on implementing an averaging plan. Also, because of the complexities involved in the use of averaging, it is recommended that more detailed information be obtained from a Labour Program office.
9. When does the overtime rate apply in an averaging situation?
Overtime applies after exceeding the standard hours in an averaging period. Standard hours are determined by multiplying the number of weeks in the averaging period by 40.
10. What happens if employment is terminated during an averaging period?
- If termination is at the employee’s choice, the employee is entitled only to be paid at the regular rate for hours worked during the completed part of the averaging period.
- If termination is by the employer, the employee is entitled to overtime pay for all hours worked in excess of 40 times the number of weeks in the completed part of the averaging period.
11. How do general holidays and other leave affect the maximum and standard hours in an averaging period?
The maximum and standard hours are reduced as follows:
- For any holiday with pay – by 8 hours
- For any day of annual vacation – by 8 hours
- For any day of bereavement leave with pay – by 8 hours
- For any day that is normally a working day for a class of employee when he or she is not entitled to the regular remuneration or salary (for example when an employee is off sick) – by 8 hours
- For every such week – by 40 hours
- If there are no fixed working days, for every such period of seven consecutive days – by 40 hours
12. What is the normal day of rest?
The Code provides for at least one full day of rest a week – Sunday where practicable. During an averaging period, hours may be scheduled and worked without regard to the normal requirement for weekly rest.
Modified work schedules
13. What are modified work schedules?
The term “modified work schedules” includes such schemes as compressed work weeks and flexible hours of work. For example, employees scheduled to work 10 hours per day, 4 days a week can be said to be on a modified work schedule.
14. What is required in order to adopt a modified work schedule?
An employer may establish a modified work schedule or modify or cancel an existing schedule under which the hours of work may exceed the standard hours if certain conditions are met. Where there is a trade union involved, there must be written agreement between the employer and the union to adopt a new work schedule or to cancel or modify an existing one.
Where the employees are not subject to a collective agreement, the work schedule or its modification or cancellation must be approved by at least 70 per cent of the affected employees.
The employer is required to post a notice of the new schedule, or its modification or cancellation for at least 30 days before it comes into effect.
15. Are there any restrictions?
Yes. In any modified work schedule, the standard hours of work for a period of 2 or more weeks cannot exceed an average of 40 hours a week, and the maximum hours for the same period cannot exceed an average of 48 hours a week.
16. Is overtime paid after eight hours in a day?
Not necessarily. Overtime must be paid after the approved daily or weekly hours. For example, when the schedule is for a compressed work week consisting of 4 days of 10 hours each, overtime is payable after 10 hours in a day and 40 hours in a week. Overtime must also be paid after an average of 40 hours in a week where the schedule consists of 2 or more weeks.
Source: Hours of work