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Industries and Jobs with Exemptions or Special Rules

  • Content last reviewed: October 2011
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Special Rules or Exemptions
Retail Business Employees
Standard Are You Covered? Special Rule or Exemption Details
Minimum Wage Covered
Hours of Work Covered
Daily Rest Periods Covered
Time Off Between Shifts Covered
Weekly/Bi-Weekly Rest Periods Covered
Eating Periods Covered
Overtime Covered
Public Holidays Special Rule Applies

An employee in a retail business has a right to refuse to work on a public holiday even if the retail business in which he or she works is a “continuous operation” or located in a hospital.

A continuous operation is a business or a part of a business that continues in operation 24 hours a day and either never shuts down or shuts down no more than once a week. Most employees in continuous operations or hospitals may be required to work on a public holiday. See the Continuous Operations or Hospital Employees sections of the tool.

This right does not apply in the case of a continuous operation if the primary retail business at the premises where the employee works is:

  1. Selling prepared meals;
  2. Renting living accommodation;
  3. Providing educational, recreational or amusement services to the public; or
  4. Located in the same premises as a business described in 1, 2 or 3 and is incidental to that business.

Sunday Work Special Rule Applies Sunday Work

An employee working in a retail business has a right to refuse to work on a Sunday. This right does not apply to an employee if the primary retail business at the premises where he or she works is:

  1. Selling prepared meals;
  2. Renting living accommodation;
  3. Providing educational, recreational or amusement services to the public; or
  4. Selling goods or services that are incidental to the business described in 1, 2 or 3 and is located in the same premises as that business.
Employment Standards Act, Part XVII

The right to refuse to work on a Sunday does not apply to an employee who was hired after September 3rd, 2001 and who agreed at the time of hire to work on a Sunday, or if refusal is for reasons of religious belief or observance.

O.Reg. 285/01, s. 10
Vacation With Pay Covered
Notice of Termination/Termination Pay Covered
Severance Pay Covered  

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