Understanding your work schedule, the hours you work, and the rules regarding overtime is important for better understanding your employment conditions in Québec.
For temporary foreign workers, it is also important to keep your own record of the hours you work and to review your pay stubs to make sure the information matches the hours you actually worked.
What counts as working time?
Working time generally refers to the period during which you are working or are available to your employer and performing duties related to your job.
Your schedule may vary depending on the type of work, the industry, and the conditions established for your employment.
For this reason, it is a good practice to know your schedule and keep a record of the hours you actually work, especially if your schedule changes frequently.
How many hours make up a normal workweek?
For most workers in Québec, the normal workweek is 40 hours for the purpose of calculating overtime. This generally means that hours worked beyond the first 40 hours in the same week may be considered overtime.
It is important to understand that a normal 40-hour workweek does not necessarily mean that you cannot work more than 40 hours. There are situations in which additional hours may be worked, as well as rules allowing certain workers to refuse certain overtime hours.
There are also exceptions for certain categories of workers, including agricultural workers.
What is overtime?
For most workers, overtime hours worked beyond 40 hours in the same week must be paid at one and a half times the regular wage, meaning a 50% increase.
Example : If your regular wage is $20 per hour and you work 5 overtime hours that must be paid at time and a half:
$20 × 1.5 = $30 per hour. The 5 overtime hours would therefore be paid at $30 per hour.
However, this rule does not apply in the same way to every category of worker. It is particularly important to understand the applicable rules if you work in agriculture.
What about overtime for agricultural workers?
This is an important exception to know about.
Agricultural workers are subject to specific rules regarding overtime pay. Agricultural work is paid at the regular rate even after 40 hours of work in a week. Agricultural hours worked after the 40th hour are therefore not automatically paid at time and a half.
For example, if an agricultural worker performs 50 hours of agricultural work during a week, hours 41 through 50 are paid at the regular wage rate, rather than at one and a half times the regular wage.
What if an agricultural worker performs non-agricultural tasks?
There is an important distinction here.
If an agricultural worker performs non-agricultural tasks, the corresponding hours may be subject to overtime pay starting with the 41st hour worked during the week.
For example, the CNESST identifies tasks such as maintaining machinery or selling products at a market as non-agricultural tasks. These hours may be paid at time and a half when the applicable conditions are met.
An example : Imagine that Manuel works 49 hours during a week:
- 44 hours harvesting crops in the fields: agricultural work;
- 5 hours maintaining machinery: non-agricultural work.
The 44 hours of agricultural work are paid at the regular rate.
The 5 hours of non-agricultural work performed after the 40th hour are considered overtime and must be paid at time and a half when the applicable rules require it.
This is why, for agricultural workers, it is not enough to simply count the number of hours worked during the week. It is also important to know what type of tasks were performed during those hours.
What about workers who perform fruit and vegetable processing, packaging, or freezing work?
Specific rules also apply to people who work in the processing, packaging, or freezing of fruits and vegetables during the harvest period.
Under certain circumstances, these workers fall within categories for which overtime pay at time and a half does not apply.
If you perform this type of work, it is important to find out which specific rules apply to your employment and the tasks you perform.
Can I refuse to work overtime?
There are situations in which a worker may refuse to work certain additional hours.
Depending on their regular schedule and the circumstances, a worker may have the right to refuse certain hours when an employer asks them to work beyond certain daily limits. There are also rules regarding advance notice of work schedules.
However, exceptions apply, including certain exceptions specific to agricultural workers. If you have questions about a particular situation, it is important to check the rules that apply to your employment.
How can I keep track of the hours I worked?
A good practice is to keep your own record of the hours you work.
You can record:
- the date;
- the time you started work;
- the time you finished work;
- breaks;
- overtime hours;
- the type of task performed, especially if you work in agriculture;
- any changes to your schedule.
It is also important to keep your pay stubs.
These documents allow you to compare the hours you actually worked with the hours shown on your pay.
If you notice a difference, you can first ask your employer whether it is an error and request an explanation.
If the situation is not resolved or if you have questions about your rights, you can consult information from the CNESST or seek information about the employment standards that apply to your situation.
Remember that the rules may vary depending on the type of employment and the category of worker.
What should I remember? If you are a temporary foreign worker in Québec:
- know your work schedule;
- keep track of the hours you actually work;
- keep your pay stubs;
- check that the hours you worked match the hours shown on your pay;
- learn about the rules that apply to overtime;
- if you work in agriculture, pay particular attention to the type of task you perform, because the rules for paying hours worked after 40 hours may be different;
- keep your employment-related documents.
For most workers, hours worked beyond 40 hours per week are considered overtime and are paid at time and a half.
For agricultural workers, the situation is different: agricultural work performed after 40 hours is paid at the regular rate. However, certain non-agricultural tasks performed after the 40th hour may qualify for overtime pay at time and a half.
Understanding this difference can help you better review your pay stub and understand your working conditions.
Important: This article is provided for general informational purposes and does not constitute legal advice. Rules may vary depending on the employment, the tasks performed, and the circumstances. For official and up-to-date information about Québec employment standards, consult the CNESST.
