Canada Labour Code

Marginal note:Holiday pay

• 196 (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.

• Marginal note:Employees on commission

  (2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.

• Marginal note:First 30 days of employment

  (3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.

• Marginal note:Continuous operation employee not reporting for work

  (4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday

  • (a) on which they do not report for work after having been called to work on that day; or

  • (b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed

    • (i) require them to be available, or

    • (ii) allow them to make themselves unavailable.

• Marginal note:Employment

  (5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.