Reducing the number of breaks from two per shift to one is likely permissible, for most employers
In almost all Canadian provinces, provincial employment standards legislation provides that employers must give employees a 30-minute break after five hours of work . That means, in a nine-hour shift, employees are only statutorily entitled to a single 30-minute break .
The employer will have to pay the employees for the additional 30 minutes of work – this amount may be payable at an overtime premium rate, depending on which province’s employment standards legislation applies. For example, in B.C., employees are entitled to overtime pay for hours worked over eight per day and 40 per week, whereas in Ontario there is no daily limit – only a weekly limit of 44 hours.
Every circumstance is different, however, so where an employer changes a term of employment, employees might consider obtaining legal advice.Your employer is only required to give you two 30-minute breaks if you work 10 hours or more. In Alberta, the Employment Standards Code sets out that an employee must not work more than five consecutive hours without getting a 30-minute meal break. If you have worked more than five hours, but fewer than 10, you are entitled to one 30-minute break.
If an employer and an employee do not agree on a rest period scheduled for a shift, the employer must provide a rest period of at least 30 minutes, at a time chosen by the employer, within or immediately following the first five hours of the shift, and if required, the employer must provide a second rest period of at least 30 minutes, at a time chosen by the employer, after the first five hours of the shift.
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