Time changes in October 2023 are widely anticipated, especially for workers who will adjust their schedules as the autumn clock shift begins. The question on many minds is this: is working during a shift change considered overtime, and should employees receive extra pay for these hours? The answer is not always simple. It depends largely on the applicable collective agreement governing the specific job and sector involved.
Rule of the Game: Should We Be Paid Overtime for Working on Shift Change?
Article 35 of the Labor Regulations defines overtime for hours worked beyond the standard work period. The way these overtime hours are compensated can vary significantly. The agreement in place, whether a collective agreement or, in its absence, an individual employment contract, determines whether overtime hours are paid in cash or balanced with equivalent paid rest time. In every case, the value of overtime cannot be less than the value of a regular hour.
Unless the collective agreement or individual contract specifies otherwise, the law provides that overtime hours must be compensated with rest time for the worker within a four-month window after the hours are completed. It is important to note that overtime is defined as work exceeding the standard 40-hour workweek.
Night Workers Case
For employees on night shift programs, collective agreements often address shift changes explicitly. In these cases, overtime and night work are compensated either by additional paid hours or by rest time, as outlined in the contract. Some agreements include special clauses about official time changes on both winter and summer dates, ensuring workers start their shift before the change so their day remains uninterrupted.
In continuous operations such as 24-hour coverage, security services, or emergency response, one hour of overtime or undertime typically counts as one overtime hour, with the clock change not impacting the calculation.
March Time Change: What If We Work 1 Hour Less?
The March clock adjustment, which follows the spring forward, reduces nighttime work by one hour. How does this affect compensation? For workers with indefinite or long-term contracts lasting a year or more, the shorter night does not automatically reduce pay or require repaying time to the company. The balance is typically addressed in the autumn shift when clocks return to standard time.
However, workers with hourly or purely night-only contracts for the time-change night in March may see a decrease in wages by one hour, reflecting the shorter shift. In all cases, the impact depends on the nature of the contract and the applicable collective agreement in place.
Overall, the October and March clock changes can have different implications for workers, depending on the contract type and the governing collective agreement. It remains essential to review the specific terms of the contract to understand which rules apply in each employment scenario and to ensure the appropriate compensation is received for any shift changes.
[Citation: National and regional labor regulations, current as of today in Canada and the United States. For exact terms, consult the applicable collective agreement or employment contract within the respective jurisdiction.]