Overtime & Compensatory Travel

[NAHR@spectraforce.com]

#94053

Hello,

Our organization is a staffing agency. One of our temporary workers for a client will be expected to travel to different sites to perform work. The temporary worker is based in Quebec. Could you please assist us with the following questions related to compensatory travel and overtime?

– Assuming the worker is driving their own vehicle, will the worker need to be compensated for mileage AND for the time it takes for them to travel to/from the site?
– Does travel time count towards normal weekly hours and require overtime payment? Could travel time be tracked and paid separately (as straight time) or must it all fall in under standard hours worked?
– If the worker needed to fly instead of drive to a site, would they need to be paid for the time to get to the airport, wait in the airport, flight time, etc?
– Is there an “exempt status” that could apply to this worker to avoid overtime costs? We’re aware exempt roles work differently in Canada, but was not sure if there was anything Quebec-specific.

Thank you for your help,
Katie

[NAHR@spectraforce.com]

#94070

Hello! Following up on the above 🙂 Appreciate your support!

[vickyp]

#94099

Hello! If your employee works any amount of time past 44 hours in a week, they are entitled to overtime pay no matter the type of employment they possess. According to labour and employment law in Quebec, “The employer is required to reimburse an employee for reasonable expenses incurred where the employee must travel or undergo training at the employer’s request.” Therefore, you will need to compensate this employee for the time it takes them to travel from their “home base” (the main office/their main place of work – even if that is their home) to the site, along with any additional charges like fuel. I know that in provinces like Ontario, travel time is counted towards weekly hours – so if their travel to and from the work site pushes their hours over the edge of 44 per week, you are entitled to pay them overtime pay. It must all fall under standard hours worked. The worker does not need to be compensated for the time that it takes them to get to the airport, they would just need their flight and accommodations compensated for by the company. The flying would be their main means of travel to the work site, so you should not worry about how they get to the airport – that is not on company time (they could arrive 3 hours early for their flight and that would be on your dime, if this was the case). You have quite a few questions and this can be a difficult situation to navigate. I can’t give you an outright answer regarding exempt status, but I can provide you with some resources that will answer all of your questions and then some. At the end of the day, create an employment agreement that works well for both parties and is time and cost effective! Communication is key and respect goes both ways. Check these links out for more information: CNESST Labour Standards in Quebec Overtime Exemption For Managers – HR Insider All About Quebec – HR Insider Overtime Exemption Rules I hope this helps and best of luck! -HR Insider Staff

[NAHR@spectraforce.com]

#94102

Thank you for this information!

A couple of quick clarifying questions to the above:
-Our understanding is that in Quebec, Overtime is considered to be anything beyond 40 hours, not 44. Can you confirm?
-Commute time and traveling to the airport is not considered compensable, correct?
-Time spent driving to various sites, flying, and waiting at the airport is compensable, correct?
-Must travel time be factored into overtime calculations? (Example – 40 reg hours, 2 overtime hours, and 4 hours of travel. Are those 4 travel hours paid at the straight rate or overtime rate?)
-From a compensability standpoint, does it matter whether travel is done within normal business hours or not?
-The CNESST link isn’t working – can you resend? 🙂

[Haley O’Halloran]

#94103

Hello –

Yes, overtime in Quebec is 40 hours. I was referring to federal overtime hours and apologize for the confusion. So any time worked over 40 hours in your jurisdiction should be considered overtime and paid out accordingly.
Commute time to and from the airport is not considered compensable as the flight is the main form of transportation to the site – you only need to cover flight costs and accommodations, along with travel to and from the work site once the employee is in the area you need them to be in for the job.
If your employee spent the maximum amount of time they are allowed to work on a daily basis on travelling to the worksite and working onsite, then they would be working overtime travelling back home from the work site. Therefore, you would need to account their travel time HOME as overtime. Whether they are working within business hours or not, if it is written into their contract that they can work a maximum of 12 hours a day and any extra is overtime, then you must pay those hours as overtime – even if they are spent in the car and if they are “outside of working hours”. Working hours can vary wildly with temporary work and site work, so that shouldn’t be a huge factor unless you have written it into their contract.
Yes of course – here is the link as plain text so you can paste it easily into your browser: https://www.cnesst.gouv.qc.ca/sites/default/files/documents/labour-standards-quebec.pdf

You are asking great questions – let me know if you have any more and I hope we are helpful in this confusing landscape of temporary employment and overtime!

-HR Insider Staff

[NAHR@spectraforce.com]

#94104

This was incredibly helpful – thank you so much!

[Haley O’Halloran]

#94055

Hello!

If your employee works any amount of time past 44 hours in a week, they are entitled to overtime pay no matter the type of employment they possess.
According to labour and employment law in Quebec, “The employer is required to reimburse an employee for reasonable expenses incurred where the employee must travel or undergo training at the employer’s request.” Therefore, you will need to compensate this employee for the time it takes them to travel from their “home base” (the main office/their main place of work – even if that is their home) to the site, along with any additional charges like fuel.
I know that in provinces like Ontario, travel time is counted towards weekly hours – so if their travel to and from the work site pushes their hours over the edge of 44 per week, you are entitled to pay them overtime pay. It must all fall under standard hours worked.
The worker does not need to be compensated for the time that it takes them to get to the airport, they would just need their flight and accommodations compensated for by the company. The flying would be their main means of travel to the work site, so you should not worry about how they get to the airport – that is not on company time (they could arrive 3 hours early for their flight and that would be on your dime, if this was the case).

You have quite a few questions and this can be a difficult situation to navigate. I can’t give you an outright answer regarding exempt status, but I can provide you with some resources that will answer all of your questions and then some. At the end of the day, create an employment agreement that works well for both parties and is time and cost effective! Communication is key and respect goes both ways. Check these links out for more information:
CNESST Labour Standards in Quebec
Overtime Exemption For Managers – HR Insider
All About Quebec – HR Insider
Overtime Exemption Rules

I hope this helps and best of luck!

-HR Insider Staff

[Author]

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