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Pending Approval for Excess Weekly Hours of Work: Conditions and the 30-Day Period

  • ISBN: 0-7794-7412-0
  • Issued: March 2005
  • Content last reviewed: June 2009

Applications for Excess Weekly Hours of Work

Generally, the Employment Standards Act, 2000 (ESA) requires employers to have an Approval for Excess Weekly Hours prior to employees working hours in excess of 48 in a work week. However, the ESA does provide a limited exception to this requirement where an application for approval is pending and the Director has not yet made a decision on it by issuing an Approval or a Notice of Refusal.

If an employer satisfies all nine conditions set out below, an employee will be permitted to work more than 48 hours, up to a maximum of 60 hours, in a work week pending the Ministry's processing of the employer's application. This limit applies even if the agreements with the employees to whom the application applies are for hours in excess of 60 hours in a work week.

Nine Conditions

  1. The employee has entered into a written agreement with the employer to work excess weekly hours (for further information on written agreements see the Employer's Guide to the Application Process, Excess Weekly Hours of Work/Averaging Hours(Employer's Guide).)
  2. The employer served the application for an Approval for Excess Weekly Hours on the Director of Employment Standards in accordance with the ESA (for further information on service see the Employer's Guide.)
  3. The application served on the Director applies to the individual employee, or the occupational group that includes the individual employee, who would work the excess weekly hours.
  4. 30 calendar days have passed since the employer served the Director with the application for excess weekly hours.
  5. The employer has not received a notice from the Director that the Application for Excess Weekly Hours has been refused.
  6. The employer's most recent previous application, if any, for an Approval for Excess Weekly Hours of Work, if any, was not refused.
  7. The employer's most recent Approval for Excess Weekly Hours of Work, if any, was not revoked.
  8. The employer has posted and kept posted in the workplace a copy of the application for an Approval for Excess Weekly Hours. The application is posted in a location where it is clearly visible to the employees that the application applies to and is likely to come to their attention.
  9. The employee does not work more than the least of any of the following amounts:
    • The number of hours specified in the application for the employee, or the occupational group which includes the employee, in the application,
    • The number of hours the employee agreed to in writing, and
    • 60 hours.

Condition Nine: Maximum Hours of Work Pending Approval

This condition means the most an employee can work pending approval is 60 hours in a work week even it the employer has applied for approval for more than 60 hours and the employee has agreed in writing to work more than 60 hours.

If the employee has agreed in writing to work more than 48 hours but less than 60 hours in a work week, then that number will be the maximum number of hours the employee can work. For example, if the employee has agreed to work only up to 55 hours in a work week, pending approval, the maximum number of hours that employee can work is 55 hours. Even if approval is ultimately granted, the most the employee is permitted to work remains 55 hours per work week.

Remember that no excess weekly hours can be worked pending approval unless all nine conditions are met.