More topics

Split Shifts - Act Part 4, Section 33

Last updated on April 1, 2021

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section details the time-frame for completion of a split shift. 

Text of Legislation

33. An employer must ensure that an employee working a split shift completes the shift within 12 hours of starting work.

Policy Interpretation

The length of a work day is limited to a maximum of 12 hours for employees who work a split shift. Work must be completed within 12 hours from the start of the shift.

If a split shift exceeds 12 hours in any day, the director may issue a determination requiring an employer to cease contravening this section of the Act. Where a determination is issued under s.79 of the Act administrative penalties apply, subject to s.98 of the Act.

Under s.72 an employer and any of its employees may join in a written application to the director to vary the provisions of s.33.

Employees covered by a collective agreement

If a collective agreement contains any provisions about hours of work or overtime that meet or exceed the requirements of Part 4, those provisions of the collective agreement replace the Act’s requirements for employees covered by the agreement. Otherwise, the Act’s requirements are deemed to be incorporated in the collective agreement.

Where there is a collective agreement, disputes respecting the application, interpretation or operation of Part 4 must be resolved through the grievance procedure, not through the enforcement provisions of the Act.

Certain employees are exempt from this Section, or Part 4 entirely, under the Employment Standards Regulation.

Related Information

Related sections of the Act or Regulation

ESA

ESR