Common use of Daily rest Clause in Contracts

Daily rest. All employees will be provided with a period of at least 11 consecutive hours free from performing work in each day in accordance with section 18 .1 of the ESA, or eight consecutive hours for Operators (ref regulation 390/05) . For the purposes of this provision, a day is a 24 hour period starting with the commencement of the first piece of work . In order to clarify the application of the act and regulation to employees who are in relief positions, the following will apply: • A minimum of 8 hours off between an Operator assignment (signed or overtime) and an assigned relief assignment; • A minimum of 11 hours off between an assigned relief assignment and an Operator assignment • A minimum of 11 hours off between consecutive relief assignments; • A minimum of 11 hours off between an Operator assignment and an overtime relief assignment Employees will not be permitted to sign work which violates the foregoing except in the following two situations: 1 . An employee may sign his or her work for the period of the sign-up even where the length of time between the last piece of work in the current sign-up provides less than the required rest period before the commencement of the work signed in the new sign-up period . In this case, the employer will move the employee’s work to achieve the required rest period, either in the last day of the current sign-up or the first day of the prospective sign-up . 2 . (Note- the following applies to all classifications in Transpor- tation and Planning) . With respect to signing for statutory holidays (“Stats”) only, employees may sign work with less than the required rest period between the work signed on the Stat and the work preceding or following the Stat, provided there is a minimum 6 hours between work . Where the signing of the Stat provides less than 8 hours of rest a premium of 1/2 time rate will be paid for the hours less than 8 hours rest . For example, if an employee signs a Stat assignment which provides 7 hours between work assignments, he or she will be paid 1 hour at premium time of 1/2 time, and this calculation will be the same i .e ., 1 hour at ½ time rate, regardless of the classification, and applies equally to those with 8 hour and 11 hour rest requirement . The Parties agree that that this option provides a greater benefit than the requirements of the ESA . This option does not apply to any other situation .