Overtime Pay in Quebec
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under federal law, once you work more than 40 hours in a week, your employer must pay you 1.5 times your regular hourly rate for every extra hour.
Instead of overtime pay, you and your employer can agree in writing to bank the time. Banked time is credited at 1.5 hours of time off for every hour of overtime worked, and it must be taken within 3 months.
The maximum standard work week is 48 hours unless a special permit or modified schedule applies.
When does it apply?
- You are a federally regulated worker.
- Exemptions exist for managers, superintendents, and certain professionals — including architects, dentists, engineers, lawyers, and doctors.
What to Do If Your Employer Won't Pay Overtime in Canada
- Track your hours independently — keep your own written or digital record every day.
- Ask your employer in writing (email counts) about any unpaid overtime.
- If the issue isn't resolved, file a complaint with the Labour Program within 24 months.
What should you NOT do?
- Don't work "off the books" — if you do, it's much harder to prove your hours later.
- Don't assume salaried means no overtime. Being paid a salary does not automatically make you exempt.
- Don't let your employer pressure you into banking time off if you prefer to be paid. The choice must be voluntary and in writing.
How Quebec differs from federal law
Under Quebec's Act respecting labour standards, overtime begins after 40 hours worked in a single week. Overtime must be paid at 1.5 times the employee's regular hourly wage.
- The standard workweek in Quebec is 40 hours. Any hours beyond that trigger overtime pay, unless a different arrangement has been approved by the CNESST.
- An employer and employee may agree in writing to replace overtime pay with paid time off. The time off must be equivalent to the overtime hours plus 50% (for example, 2 hours of overtime earns 3 hours of time off). This time off must be taken within 12 months.
- Certain workers are exempt from overtime rules, including senior managers, workers in fishing or fish processing, and students employed in a social or community program.
- An employer cannot require an employee to work more than 2 hours beyond their regular daily hours, or more than 14 hours in a 24-hour period (whichever is shorter), except with employee consent or in certain emergencies. This 2-hour limit was set by SQ 2018, c. 21 (Act Respecting Labour Standards, s. 59.0.1, as amended January 1, 2019).
Additional Steps in Quebec
If your employer does not pay overtime, file a complaint with the CNESST within two years. Gather your pay stubs and records of hours worked. The CNESST can order your employer to pay the unpaid overtime plus interest.
Relevant Law: Act respecting labour standards (CQLR c N-1.1), ss. 52-59.0.1
Common Questions
When does overtime pay apply?
You are a federally regulated worker.Exemptions exist for managers, superintendents, and certain professionals — including architects, dentists, engineers, lawyers, and doctors.
What should I do if my Canadian employer is not paying me overtime?
Track your hours independently — keep your own written or digital record every day.Ask your employer in writing (email counts) about any unpaid overtime.If the issue isn't resolved, file a complaint with the Labour Program within 24 months.
What mistakes should I avoid with overtime pay?
Don't work "off the books" — if you do, it's much harder to prove your hours later.Don't assume salaried means no overtime. Being paid a salary does not automatically make you exempt.Don't let your employer pressure you into banking time off if you prefer to be paid. The choice must be voluntary and in writing.
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