Canada Labour Code

Marginal note:Modified work schedule — collective agreement

• 170 (1) An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

  • (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

• Marginal note:Modified work schedule

  (2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

  • (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

  • (b) the schedule, or its modification or cancellation, has been approved

    • (i) in the case of one employee’s schedule, in writing by that employee, or

    • (ii) in the case of more than one employee’s schedule, by at least 70% of the affected employees.

• Marginal note:Posting of notice

  (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

• Marginal note:Exception

  (4) Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule that results from a request made under subsection 177.1(1).