Employment and Social Development Canada (ESDC) is currently consulting with industry regarding several key changes to Canadian labour provisions. Two of these considerations pose major challenges for the motor coach sector:
- 96-hour advance work schedule
- 24-hour notice of changes to work schedule
See below for language on these two rules.
At this time, OMCA and Motor Coach Canada are seeking an exemption for the motor coach sector on these two problematic regulations. We strongly encourage all members to submit comments to ESDC before March 13 with respect to the impact of these rules on current business practices. Submit your comments to EDSC.DMT.ConsultationNTModernes-ConsultationModernLS.WD.ESDC@labour-travail.gc.ca
For more information please go to the Government of Canada’s website to view the online Labour Program: Current and future legislative and regulatory changes.
Advance Notice of Schedule
Section 173.01 of the Code specifies that employers are to provide employees with their work schedule, in writing, at least 96 hours before the start of the first work period or shift under that schedule. Employees whose employer fails to give them sufficient notice have the right to refuse to work any shift that starts less than 96 hours from the time they received their schedule, unless it is necessary for them to work in order to deal with an unforeseeable emergency. The Code’s protections against employer reprisals apply to an employee who has exercised this right to refuse work.
The requirement to provide advance notice of schedules does not apply to an employee whose schedule has changed because of a request they made under the Code’s new right to request flexible work arrangements (Division I.1 of Part III of the Code). A collective agreement can also set out a different period within which the employer must notify employees of their work schedule.
Notice of Shift Change
Under section 173.1 of the Code, employers must provide 24 hours’ written notice of any change or addition to an employee’s work period or shift.