Security guard working hours in Quebec: maximum and refusal

How many hours can an employer ask of you? When does overtime for a security guard start, and can you refuse it? Are 12-hour shifts allowed? In Quebec, the answer lies in two texts that add up: the Decree respecting security guards, enforced by the Comité paritaire, and the Act respecting labour standards (ALS), enforced by the CNESST (Quebec's labour standards and workplace safety board). Here are the rules, checked against the official sources.

What is the regular workweek of a security guard?

According to the Comité paritaire des agents de sécurité (the parity committee that enforces the Decree), under sections 3.01, 3.03 and 3.04 of the Decree, the regular workweek is 40 hours for the purpose of calculating overtime. Each hour worked beyond 40 hours in the week is an overtime hour.

Watch out for one source of confusion: the CNESST page on the regular workweek shows 44 hours for watchmen employed by a security company. That figure comes from a specific rule in the Regulation respecting labour standards (s. 9) for watchmen employed by a security company. The general rule under the Act is 40 hours. The Decree, which covers the guards of security agencies, sets a more advantageous threshold of 40 hours, and that is the one that counts for you.

The CNESST also points out that the regular workweek is not a limit: it is used to know when the hour starts being paid at a higher rate, not to forbid work beyond it. The overtime rate (150%) is explained in our article on the security guards' decree explained simply.

Can the employer stagger the hours over several weeks?

Yes, but under strict conditions (section 3.01.1 of the Decree). According to the Comité paritaire's FAQ, the employer cannot pay you more than 40 hours a week at the regular rate, unless:

• you have agreed to the staggering of the hours of the contract you are assigned to
• the staggering is accepted by all the employees on the contract
• the employer grants you a benefit of another kind to make up for the loss of the overtime pay.

Section 3.01.1 of the Decree adds other conditions, including a written notice to the parity committee. If they are not all met, each hour beyond 40 in the week must be paid as overtime.

Are 12-hour shifts allowed?

Nothing in the sources consulted prohibits a 12-hour shift, which is very common in the trade. What counts is the total for the week. According to the Comité paritaire, working more than 12 hours on a shift does not automatically become overtime, except in the situation covered by the second paragraph of section 3.03 of the Decree. As a general rule, it is the threshold of 40 hours a week that triggers the higher rate.

Example: four 12-hour shifts in the same week make 48 hours, so 8 overtime hours, unless there is a valid staggering agreement.

The 12-hour shift does have a limit on the ALS side, however: beyond certain daily thresholds, you can refuse to continue (see below). For health and fatigue on long shifts, also read our article on working as a night-shift security guard.

Can you refuse overtime?

Yes. According to the CNESST, which applies section 59.0.1 of the Act respecting labour standards, an employee can refuse overtime when asked to work:

• more than 2 hours beyond their regular daily working hours
• or more than 14 hours per 24-hour period, whichever period is shorter
• more than 12 hours per 24-hour period, if their hours are flexible or non-continuous
• more than 50 hours a week, unless their hours are staggered

The threshold of 60 hours a week mentioned by the CNESST applies only to isolated areas and the James Bay territory.

In concrete terms, a guard whose regular shift is 12 hours and who is asked to "double" can refuse to stay beyond 14 hours of work in the same 24-hour period.

The exceptions to the right to refuse

According to the CNESST, you cannot refuse if doing so endangers the life, health or safety of other people, if there is a risk of serious destruction of property or another case of superior force, or if the refusal goes against your professional code of ethics. In security, this exception can come into play: a post that cannot be left unwatched in an emergency is not an ordinary case. Outside these situations, a refusal based on the Act must not earn you a penalty.

How far in advance must you know your schedule?

The CNESST specifies that an employee can refuse to work if the employer did not inform them of their schedule 5 days in advance. Exception: the employer can ask to extend the day on the day itself without this notice, and you cannot refuse for that reason alone. The thresholds seen above still apply, however. Note also: the Act sets aside this 5-day notice where "the nature of their duties requires the employee to remain available" (s. 59.0.1, par. 3). A guard on call will therefore find it harder to rely on this rule.

What is the minimum rest between two weeks?

According to the CNESST (sections 78 and 79 of the ALS), the worker must have a rest period of at least 32 consecutive hours each week. A run of 12-hour shifts seven days a week is therefore not allowed.

What does the Decree provide for recall and on-call work?

Recall to work: if the employer calls you in and you work fewer than 4 consecutive hours, the Decree guarantees you at least 4 paid hours (section 3.07). That is more than the 3-hour indemnity provided by the ALS for all employees.

Reporting to the office: if the employer requires you to stop by its offices before going to the site, you are paid from the time your presence there is required, according to the Comité paritaire. The Decree sets out the principle in section 3.06: an employee who is at the employer's disposal at the place of work and who has to wait to be given work is deemed to be at work.

On-call work: the Decree provides for a Class A on call, for guards without a set schedule. The Decree does not guarantee a minimum number of hours per week. For A-01 status, the Comité paritaire states that a guard who qualifies on October 31 must remain available 24 hours a day, 7 days a week, up to 40 hours, otherwise the employer can withdraw that status during the year.

What are the rules at a glance?

These rules are minimums. A collective agreement or your contract can provide for better. If in doubt about your hours, keep your schedules and your pay stubs. If hours are imposed on you after an assault or an incident, see also your rights and the steps to take after an assault at work.

Frequently asked questions

Can my employer make me work 60 hours a week?

The employer can ask you to, but you can refuse the hours beyond 50 hours a week, unless your hours are staggered. And all hours beyond 40 are paid as overtime, unless there is a valid staggering.

Does a 12-hour shift entitle you to overtime?

Not in itself. It is the total of 40 hours in the week that counts, except for the situation covered by the second paragraph of section 3.03 of the Decree.

Who do I complain to if my overtime is not paid?

To the Comité paritaire des agents de sécurité, which enforces the Decree. For a refusal of hours that was penalized or a rest period that was not respected, the CNESST receives labour standards complaints. See also the Decree's premiums that many guards do not claim.

What are a security guard's working hours?

In Quebec, the job comes with irregular schedules (evenings, nights, weekends, statutory holidays), as described in our guide to becoming a security guard. The 12-hour shift is very common in the trade, and nothing in the sources consulted prohibits it. According to the CNESST, an employee can refuse to work if the employer did not inform them of their schedule 5 days in advance, subject to the exceptions described in the section "How far in advance must you know your schedule?". Night work is described in the night-shift security guard.

What is the maximum working time for a security guard?

In Quebec, the regular 40-hour workweek is not a limit, according to the CNESST. Under section 59.0.1 of the Act respecting labour standards, an employee can refuse to work more than 2 hours beyond their regular daily working hours or more than 14 hours per 24-hour period, whichever period is shorter, more than 12 hours per 24-hour period if their hours are flexible or non-continuous, or more than 50 hours a week, unless their hours are staggered. The threshold of 60 hours a week applies only to isolated areas and the James Bay territory, and the right to refuse has the exceptions described in the section "Can you refuse overtime?". The employee is also entitled to a rest period of at least 32 consecutive hours each week, according to the CNESST (ALS, s. 78 and 79).

Sources

• Comité paritaire des agents de sécurité: salariés et FAQ (ss. 3.01, 3.01.1, 3.03, 3.04, 3.06, 3.12, A-01 status)
• LégisQuébec: Decree respecting security guards (s. 3.07 and Class A on call)
• CNESST: droit de refuser de faire des heures supplémentaires
• CNESST: semaine normale de travail
• CNESST: temps travaillé, pauses et repos hebdomadaire