Canada Labour Code

Marginal note:Substitution — employees subject to collective agreement

• 195 (1) An employer may, in respect of one or more employees subject to a collective agreement, substitute any other day for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part.

• Marginal note:Substitution — employees not subject to collective agreement

  (2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, substitute any other day for a general holiday and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part, if the substitution has been approved

  • (a) in the case of a substitution that affects one employee, by that employee in writing; or

  • (b) in the case of a substitution that affects more than one employee, by at least 70% of the affected employees.

• Marginal note:Posting of notice

  (3) If any other day is to be substituted for a general holiday under subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least 30 days before the substitution takes effect.

• Marginal note:Exception

  (4) Subsection (3) does not apply to a substitution in respect of one employee following a request made under subsection 177.1(1).