![]() ![]() Electronic and written agreement requirements for exceeding limits on hours of work For example, where an employee hoping for a promotion with the employer takes training in order to qualify for it, time spent taking the training is not considered to be work time. Time spent in training that is not required by the employer or by law in order for an employee to do his or her job is not counted as work time. For example, where the training is required because the employee is a new employee or where it is required as a condition of continued employment in a position, the training time is considered to be work time. ![]() Time spent by an employee in training that is required by the employer or by law is counted as work time. Time spent travelling during the course of the workday is considered to be work time. If the employee has a usual workplace but is required to travel to another location to perform work, the time traveling to and from that other location is counted as work time.If the employee is required to transport other staff or supplies to or from the workplace or work site, time so spent must be counted as work time.If the employee takes a work vehicle home in the evening for the convenience of the employer, the work time begins when the employee leaves home in the morning and ends when he or she arrives home in the evening.However, there are a number of exceptions to this rule. This is not counted as work time for the purposes of the ESA. Travel timeĬommuting time and travel during the workday are treated differently under the ESA.Ĭommuting time is the time it takes an employee to get to work from home and vice-versa. Note that an employee who is not at the workplace but is “on call” is not considered to be working unless the on-call employee is called into work. engaging in private affairs or pursuits.sleeping (provided that the employer provides the sleeping facilities and the employee is entitled to at least six uninterrupted hours off work) or.However, even if the employee is required to stay, he or she is not considered to be working during the time that he or she is entitled to take time off and does take time off for: Generally, work is considered to be performed when the employee is actually working or the employee is not working but is required to stay at the workplace. It is necessary to determine what counts as work time (hours of work) for the purposes of determining compliance with certain standards under the Employment Standards Act ( ESA), including the minimum wage, overtime and hours of work (including rest entitlements) provisions. The weekly maximum can be exceeded only if there is an electronic or written agreement between the employee and employer.Īn agreement between an employee and an employer to work additional daily or weekly hours, does not relieve an employer from the requirement to pay overtime pay where overtime hours are worked. The maximum number of hours most employees can be required to work in a week is 48 hours. The only way the daily maximum can be exceeded is by an electronic or written agreement between the employee and employer. The maximum number of hours most employees can be required to work in a day is eight hours or the number of hours in an established regular workday, if it is longer than eight hours. Daily and weekly limits on hours of work Daily limit Use the Employment Standards Self-Service Tool to check compliance with rules on hours of work and other employment standards entitlements. For more information please refer to the Guide to employment standards special rules and exemptions. Tab to close the table of contents and return to the book.Ĭertain industries and job categories are exempt from the hours of work rules set out in the Employment Standards Act, 2000 ( ESA). Employment standards enforcement statistics.COVID-19: temporary changes to ESA rules.Crime-related child disappearance leave.Written policy on electronic monitoring of employees.Written policy on disconnecting from work.Mandatory poster and information sheets for employers.Industries and jobs with ESA exemptions and/or special rules.Business and information technology consultants exception. ![]()
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