The most important exception to the three-hour rule is when your employee has to leave for reasons beyond your control. For example, if your employee feels sick and needs to go home early, you don`t need to follow the three-hour rule. Once the calculation of the wages earned by the employee for the working time worked under point (i) has been made, the employee is entitled to the payment of his standard rate for the remaining time in accordance with point (ii). For example, if a worker works one hour and is entitled to receive one and a half times his standard rate of pay for that hour (for example because it was a public holiday), he is also entitled to 2 hours of overtime pay at his standard rate in accordance with Article 1(1) of the first subparagraph. The three-hour rule entitles workers paid for three hours of work, even if they have not actually worked three hours. This applies to situations, such as when you are sent home prematurely after a shift. Other articles of this amendment stipulate that workers have the right to be paid three hours if their shift is completed less than 48 hours in advance and if they must be on call, whether or not they are called to work or for less than three hours. 4. Where the average working time is in force, the employer shall provide a notification containing the information listed in Annex IV. `basic wage rate` means the basic hourly wage of a worker without a premium rate or bonus paid under certain conditions of employment; (Basic Wage Rate) www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards.html It does not matter whether the hours are worked on a normal working day or a day when the employee does not work normally, provided that the employee had to report to work on that day. In other words, the three-hour rule may also apply if the employee is called upon to work on a day that is not a normal business day, if the employee works less than three hours on that day. Apply the same facts as in the first example, but assume that the employee earned overtime pay (at 1.5 times his or her regular rate) for the hour he or she worked. Ontario`s Employment Standards Act states that if an employee who regularly works more than three hours a day must commute to work but works less than three hours even though they can work longer, the employer must pay the employee at least three hours` pay.

(a) wages paid for work performed do not include vacation pay, general vacation pay, other vacation pay, bereavement leave pay and wages for any overtime; and if the meeting or training takes place during an employee`s regular day off, the employee must receive at least minimum wage and, if applicable, overtime. If the meeting or training lasts less than 3 hours, the minimum 3-hour rule applies. An employee is entitled to at least 30 minutes of rest – paid or unpaid – in each shift that involves 5 consecutive hours of work, unless one of the following situations occurs: For example, you have an employee who earns $15 per hour. After working 1.5 hours, decide to send them home earlier. Your regular income for hours worked is $22.50. In this case, you would have to pay them the alternative amount of $34.05. The worker is not required to move from one position to another without written notice and at least 8 hours of rest. For this provision to apply, the circumstances described in the section must be responsible for the complete cessation of an employee`s work. If the circumstances only reduce the employee`s demand for services, this provision does not apply and the three-hour rule applies.

For example, a severe electrical storm could prevent an employer from providing work to a construction worker, and section 21.2(2) would therefore apply. If the same storm only reduced the workload of an employee working in a car wash, § 21.2 (2) would not apply. The following jobs are exempt from the minimum standards for work and rest periods: Employees must be paid for at least 3 hours of minimum wage, whenever they have to report to work or come to work for a short period. This minimum of 3 hours does not apply if the employee is not available for the full 3 hours. For example, suppose an employer occasionally schedules employees to attend Saturday morning meetings. Assuming employees regularly work 8 hours a day, Monday through Friday, the three-hour rule would apply to these occasional Saturday staff meetings. However, if it were determined that the employer regularly scheduled one-hour meetings for employees on Saturday mornings, the program`s position would be that the three-hour rule would not apply to such Saturday shifts or sessions. This is because the program is of the view that subsection 21.2(1) was not intended to prohibit an employer from having a regular work schedule that includes shifts of less than three hours. Even for employees who work in the office, it may well be interpreted to introduce themselves in order to make themselves available for work. This interpretation has not yet been tested, but employers who communicate with employees outside of business hours will incur massive unforeseen liability if the section is interpreted as such.

This does not apply to employees whose income includes work after work. Subsection 21.2 (1) provides that, in certain circumstances, employees must receive at least three hours` wages at the employee`s standard rate of pay, even if the employee has worked less than three hours. Note that there are special rules for employees in the women`s coat and suit industry and the women`s clothing and sportswear industry, which apply instead of § 21.2 – see O Reg 291/01, p. 3. The Canadian government states that the three-hour rule requires you to pay an employee for at least three hours of work, even if they are sent home earlier. To calculate the correct wage, you need to determine the wage for three hours of work at minimum wage, as well as your employee`s regular rate for the time they worked. Then you have to pay your employee the higher of these two amounts. If the employee`s schedule regularly includes more than three hours a day and regularly three hours a day or less, the application of the three-hour rule depends on whether it is a day when the employee would regularly work more than three hours or a day when the employee would regularly work three hours or less. (b) the number of hours required to perform the work does not include the hours for which a rate of overtime pay has been paid.

The following employees must receive a minimum wage for at least 2 hours at least the minimum wage (or the student job creation wage for students under the age of 18): (a) an employee`s normal hours of work are 40 times the number of weeks in the average period; Also note the exception to this rule, which states that it is not applicable and that the employer does not have to pay the employee for three hours if he or she is unable to perform the work due to “fire, lightning, power outage, thunderstorms or similar causes that are beyond the employer`s control and result in the cessation of work.” b) have regular working hours, the number of which varies from time to time, If an employee must work in a split team and there is more than 1 hour of break between the 2 segments of the team, the employee must receive the minimum remuneration required for each segment of his team.