Section 196 — Canada Labour Code: Holiday pay

Subject to subsections (2) and (4), an employer shall, for each general holiday, pay an employee holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that the employee earned with the employer in the four-week period immediately preceding the week in which the general holiday occurs. An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs. [Repealed, 2018, c. 27, s. 458] An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday on which they do not report for work after having been called to work on that day; or for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed require them to be available, or allow them to make themselves unavailable. [Repealed, 2018, c. 27, s. 458]