HR Home Forums Answer for Overtime Hours

Conner Lantz
Post count: 4836

Those are pretty much the rules under the Ontario ESA but with a few slight modifications.
First, the minimum period between shifts is 8 hours, not 11 hours unless: i. total time worked on successive shifts is 13 hours or less; or ii. the employer and employee agree otherwise (Sec. 18(3)). The 11 hours refers to the maximum hours PER DAY. The latter rule cannot be contracted out of. Ditto for the minimum 24 consecutive hours per week off requirement.
The only thing I’d add are the Section 19 exceptions allowing for work above the maximum hours “so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations:
1. To deal with an emergency.
2. If something unforeseen occurs, to ensure the continued delivery of essential public services, regardless of who delivers those services.
3. If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted.
4. To carry out urgent repair work to the employer’s plant or equipment.”
Hope that helps. Glenn