What’s the distinction between part-time and full-time hours?
There isn’t a authorized distinction between part-time and full-time hours. Neither employment regulation laws nor employment frequent regulation acknowledges any significant distinction between part-time and full-time work.
Due to this fact, technically, there isn’t a distinction, when it comes to any employment regulation rights, between a part-time employee and a full-time employee.
A component-time worker and a full-time worker have the identical entitlement to minimal requirements and the total suite of rights that each different worker in Canada has.
Employers don’t even have to outline part-time vs full-time hours. An organization is free to rent an worker for simply 1 hour per week or 100 hours per week (as long as minimal requirements relating to minimal pay and extra time pay are glad).
Thus, in conclusion, from a lawyer’s perspective, there isn’t a distinction between part-time and full-time hours.
Nevertheless, whereas now we have defined there isn’t a authorized distinction between part-time and full-time hours, there may be an apparent distinction in the true world. Some firms do outline part-time vs full-time of their insurance policies and contracts, and for these employers, full-time staff often should work 37.5 or 40 hours per week, whereas part-time staff should work some lesser quantity, often 30 hours or much less per week. Nevertheless, take into accout this can be a single employer’s coverage, not the coverage or the regulation of a province. On the identical time, there isn’t a trade commonplace (or authorized commonplace) for the utmost hours a part-time worker can work. An employer can set any quantity as the utmost variety of hours a part-time employee can work.
Half Time Workers And Wages and Advantages
Some employers present advantages to full-time workers however to not part-time workers. Or they pay part-time workers fewer wages per hour/12 months than full-time workers. There’s nothing illegal about this nevertheless. An employer is free to pay somebody much less or present them lesser or no advantages for any cause that isn’t discriminatory. And it’s a lawful cause to refuse advantages or increased wages to a part-time worker as a result of doing so isn’t a floor for discrimination as outlined by human rights laws.
Certainly, in a single labour regulation case, an Ontario courtroom confirmed that an employer doesn’t discriminate by refusing to offer sure advantages {that a} full-time worker is generally given to a part-time worker on the identical firm – even when the worker was solely working half time due to their incapacity.
As soon as once more, the courts and the legislators have taken a view of employment regulation when it comes to financial effectivity and determined that employers should have the best to economize on sure staff by paying them fewer wages if they’re solely doing part-time labour.
Thus, in abstract, there isn’t a authorized distinction between part-time and full-time hours in Canada, and employers can freely pay part-time staff lower than full-time staff for a similar form of labour. Furthermore, there isn’t a commonplace full time or half hours in Canada. An employer is free to set its personal “half time” hours and worker classifications with out breaking any regulation.
Dutton Employment Regulation is a Toronto employment regulation group advising workers and employers in Ontario. Name for a free session with an employment regulation skilled immediately.
Jeff is an employment lawyer in Toronto. He’s the Principal of the Dutton Employment Regulation Group at Monkhouse Regulation. Jeff is a frequent lecturer on employment regulation and is the writer of an employment regulation textbook and varied commerce journal articles.