Special Investigations Unit

Wage Rules and Restrictions for Remembrance Day

Remembrance Day is always November 11.  This day has its own unique rules and restrictions for wages and the operation of industry.  These are different from every other day of the year. 

 

Employees who work on Remembrance Day are paid similar to the rules for general holidays.  Like on a general holiday, employees are entitled to the overtime wage rate of 1 ½ times their regular wage for all hours they work on the day, plus a regular day’s pay.  See our General Holiday fact sheet for more information.

 

But there are some differences.  Like on a general holiday, employees must be paid for all hours of work on Remembrance Day at the overtime wage rate.  On Remembrance Day, though, employees who work cannot be paid for less than half the number of hours they would normally work. 

 

Another rule that is different is that employees are not required to be paid for Remembrance Day if they don’t work on the day.  On general holidays, such as Christmas Day, Louis Riel Day and Thanksgiving, employers must pay a regular day’s wages regardless of whether or not the employee works on the day.  It is common practice for employers to pay employees in the same way for Remembrance Day – but this is by choice, not law. 

 

Most industries are not permitted to operate on Remembrance Day out of respect and honour for the people who have been killed and injured while serving Canada in times of war.  The exceptions are listed in our Remembrance Day fact sheet. 

 

Restaurants and hotels are permitted to remain open without restriction, while retail businesses must not open between the hours of 9:00am and 1:00pm.  Employees in retail businesses also have the right to refuse to work on Remembrance Day as long as they provide 14 days’ notice to their employer.  There are additional rules for retail businesses when Remembrance Day falls on a Sunday. 

The following investigation concerning Remembrance Day was conducted by Employment Standards:

• A discount goods retail chain was paying employees working on Remembrance Day only regular wages for their hours.  This is a contravention of the law.  Under The Remembrance Day Act, employees who work on Remembrance Day are entitled to a regular day’s pay - plus 1 ½ times their regular wage rate for their actual hours of work or at least half their normal workday hours, whichever is more.  Employment Standards educated the employer and issued a Notice to Comply.  A Notice to Comply is a warning to the employer that can lead to penalties if the employer is found not to be following the law in the future.