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Labour regs, req'd 30 min break in Canada?

  
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Labour regs, req'd 30 min break in Canada?

Postby banys » Fri Oct 28, 2011 9:17 pm

Here's a question for anyone adept at legalese or someone who happens to have a wealth of knowledge on the Ontario Human Rights Code. I'll toss a link to the relevant section of the code below.

"An employer shall give an employee an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period."

Would you interpret this clause to mean an employee that works exactly five hours is legally guaranteed a 30 minute break? Or that said employee would have to work over five hours, whether it's double that or five hours and one minute, to get the break?

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm#BK31
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Labour regs, req'd 30 min break in Canada?

Postby zacchaeus21 » Fri Oct 28, 2011 9:22 pm

Human Rights Code has nothing to do with it - that's the Employment Standards Act.

Exactly five hours without a break is fine. But if your shift is any longer than five hours, then you have to start your thirty minute break no later than five hours into your shift. (A five hour and one minute shift would be incoherent - the effect would be that you'd have to start a 30 minute unpaid break with one minute left in your shift. Which still leaves you, in effect, with a five hour shift.)
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