Overtime: what your collective agreement says vs. the Labour Standards Act

It's probably the most-asked question in the unionized workplace: "At what hour does my time-and-a-half kick in?"

And the answer, despite what forums claim, isn't universal. It depends on two texts that work together: Quebec's Act respecting labour standards (ARLS), which sets the statutory floor, and your collective agreement, which can improve on that floor.

This guide gives you the grid to decode your situation in 5 minutes.

The floor: what the ARLS says

Quebec's Act respecting labour standards, at section 55, provides that:

"Any work performed in addition to the regular workweek entails a 50 % increase in the salaried employee's hourly wage […]."

And section 52 defines the standard workweek as 40 hours (with some exceptions for certain industries).

So, without a collective agreement, the rule is simple: starting at the 41st hour in the week, you are paid 150 % of your regular rate.

Important: the ARLS is a floor. Your collective agreement cannot go lower. It can be better, or equal. It cannot be worse.

What your collective agreement can change

Your collective agreement can modify the rule on four dimensions:

1. The length of the standard workweek

Many agreements set the standard week at 35, 37.5 or 38 hours — not 40. Consequence: you start earning overtime sooner.

Example: your standard week is 37.5 hrs. From the 37.5 + 1 = 38th hour, you are in overtime (at the rate set by the agreement).

2. The premium rate

The ARLS sets a 150 % minimum. But your agreement can provide:

• 150 % for the first overtime hours (e.g. the first 4 in the week), then 200 % beyond;
• 200 % for work performed on a Saturday or Sunday;
• 200 % for a worked statutory holiday (on top of the compensatory day off);
• Different rates for hours worked between 10 p.m. and 6 a.m.

3. The calculation (daily vs. weekly)

The ARLS calculates overtime on a weekly basis. Many agreements calculate it on a daily basis: any hour worked beyond 7.5 or 8 hours in the same day is overtime — even if you don't reach 40 hrs in the week.

This is very advantageous for variable schedules.

4. The compensation method

The ARLS allows the employer to replace cash payment with compensatory leave (at 150 %), with your consent. Your agreement can:

• Make it your choice (not the employer's);
• Set a maximum bank (above X hours, it must be paid);
• Specify a deadline to use the leave (often 12 months) after which it must be paid out.

Common edge cases

Called in on emergency

Many agreements provide for a paid minimum when you're called in on emergency in the evening or weekend — often 3 or 4 paid hours, even if you work less. It's sometimes called "call-back premium" or "call-in floor."

Is overtime voluntary?

The ARLS (s. 59.0.1) lets an employee refuse to work more than 2 hours beyond their usual hours or more than 14 hours in a 24-hour period (whichever is shorter). It's a right, and the employer cannot sanction you for it.

Your collective agreement may provide for broader refusals (for example, refusing all overtime past 4 hrs per week).

Your meal break is cut short

Meal time is not paid, except if:

• You must remain on-site available (then it's paid time);
• Your agreement provides it (some agreements pay meal breaks).

If you take your meal while responding to employer requests, it's working time.

Travel time

Travel between home and work isn't working time. But travel between two work sites in the same day is — and depending on your agreement, this can be at regular rate or overtime rate.

The classic trap: weekly averaging

Some employers offer an "averaged schedule": e.g., 4 weeks at 45 hrs + 1 week at 25 hrs = 41-hr average, no overtime.

This practice requires explicit authorization, either in the collective agreement or by a CNESST permit. Otherwise, every week above the standard triggers overtime.

How to know what applies to you

Here's the process when the question comes up:

1. Find in your agreement the articles dealing with "hours of work," "standard week," "overtime."
2. Note the standard week (35 hrs? 37.5? 40?).
3. Note the rates (150 %? 200 %? Special cases?).
4. Spot the calculation method (daily or weekly?).
5. Check the refusal and compensation conditions.

If after these 5 steps you aren't sure, don't act alone: ask your steward or use Konvention to ask the precise question on your agreement.

In case of disagreement with your employer

If you believe your employer isn't paying your overtime properly:

1. Document everything: keep your schedules, your actual hours, your pay stubs. Written evidence is decisive.
2. Talk to your steward before any other step. They know the local practice and the deadline to file a grievance.
3. If a grievance is filed, follow the procedure in your agreement — each step has a strict deadline (often 5 to 30 days).
4. Don't wait: a late grievance is almost always rejected as time-barred.

The bottom line

The "40 hrs + 150 %" rule is a starting point, not an endpoint. The real answer for you lies in your agreement — and it's almost always more generous than the ARLS.

The reflex to develop: before accepting (or refusing) overtime, know what you'll actually earn. That's money, and that's rest.