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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
Continuous Operation Employees (Other than Retail Store 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

The application of the Employment Standards Act public holiday rules to continuous operation employees differs from the way those rules apply to other employees as follows:

  • Continuous operation employees may be required to work on public holidays if the day on which the holiday falls is normally a working day for the employee and the employee is not on vacation on that day.
  • If the employee is required to work on a public holiday, the employer may either
    • pay the employee his or her regular rate for the hours worked on the public holiday, and provide a substitute day off work with public holiday pay; or
    • pay the employee public holiday pay plus premium pay for each hour worked on the public holiday. ESA 2000, s. 28
Vacation With Pay Covered
Notice of Termination/Termination Pay Covered
Severance Pay Covered  

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Employment Standards Information Centre
416-326-7160 (Greater Toronto Area) 
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