Urgent question about statutory pay - help please

[Economist9]

Hello everyone!

I have the below question about statutory holiday pay for full-time international students. I'd really appreciate any help or guidance on this please.

Suppose a full-time student works 0.5 full-time, which is part time = 17.5 hours off-campus every week: say 6 hours Monday, 6 hours Wednesday, and 5.5 hours Thursday, and does not work on Fridays or Tuesdays.

And then in one month, one Friday is a statutory holiday for which they're paid even if they didn't work on that day. So if the pay stub shows "regular hours" worked as 17.5, ALONG WITH "STH - Statutory holiday pay" as 3.5 hours (part-time stat pay is paid for Friday even though they didn't work on Friday), then will this exceed the 20 hour weekly limit?

I saw a few previous posts on this forum which mention this, and indicate that the ROE (Record of Employment) counts 17.5 + 3.5, which means it'll show 21 hours for the week. So hours worked are 17.5, but pay is received for 21. Is this considered as exceeding the limit?

I'll be grateful to get any information or advice please, since this will be very helpful in deciding whether to apply for off-campus work or not. Thank you very much.

 

[Economist9]

Hello everyone!

I have the below question about statutory holiday pay for full-time international students. I'd really appreciate any help or guidance on this please.

Suppose a full-time student works 0.5 full-time, which is part time = 17.5 hours off-campus every week: say 6 hours Monday, 6 hours Wednesday, and 5.5 hours Thursday, and does not work on Fridays or Tuesdays.

And then in one month, one Friday is a statutory holiday for which they're paid even if they didn't work on that day. So if the pay stub shows "regular hours" worked as 17.5, ALONG WITH "STH - Statutory holiday pay" as 3.5 hours (part-time stat pay is paid for Friday even though they didn't work on Friday), then will this exceed the 20 hour weekly limit?

I saw a few previous posts on this forum which mention this, and indicate that the ROE (Record of Employment) counts 17.5 + 3.5, which means it'll show 21 hours for the week. So hours worked are 17.5, but pay is received for 21. Is this considered as exceeding the limit?

I'll be grateful to get any information or advice please, since this will be very helpful in deciding whether to apply for off-campus work or not. Thank you very much.

@scylla @legalfalcon @canuck90
@Naturgrl

Your kind advice will be helpful please. Thank you.

 

[Economist9]

Hello everyone!

I have the below question about statutory holiday pay for full-time international students. I'd really appreciate any help or guidance on this please.

Suppose a full-time student works 0.5 full-time, which is part time = 17.5 hours off-campus every week: say 6 hours Monday, 6 hours Wednesday, and 5.5 hours Thursday, and does not work on Fridays or Tuesdays.

And then in one month, one Friday is a statutory holiday for which they're paid even if they didn't work on that day. So if the pay stub shows "regular hours" worked as 17.5, ALONG WITH "STH - Statutory holiday pay" as 3.5 hours (part-time stat pay is paid for Friday even though they didn't work on Friday), then will this exceed the 20 hour weekly limit?

I saw a few previous posts on this forum which mention this, and indicate that the ROE (Record of Employment) counts 17.5 + 3.5, which means it'll show 21 hours for the week. So hours worked are 17.5, but pay is received for 21. Is this considered as exceeding the limit?

I'll be grateful to get any information or advice please, since this will be very helpful in deciding whether to apply for off-campus work or not. Thank you very much.

Any thoughts anyone?

 

[Simba112]

Hello everyone!

I have the below question about statutory holiday pay for full-time international students. I'd really appreciate any help or guidance on this please.

Suppose a full-time student works 0.5 full-time, which is part time = 17.5 hours off-campus every week: say 6 hours Monday, 6 hours Wednesday, and 5.5 hours Thursday, and does not work on Fridays or Tuesdays.

And then in one month, one Friday is a statutory holiday for which they're paid even if they didn't work on that day. So if the pay stub shows "regular hours" worked as 17.5, ALONG WITH "STH - Statutory holiday pay" as 3.5 hours (part-time stat pay is paid for Friday even though they didn't work on Friday), then will this exceed the 20 hour weekly limit?

I saw a few previous posts on this forum which mention this, and indicate that the ROE (Record of Employment) counts 17.5 + 3.5, which means it'll show 21 hours for the week. So hours worked are 17.5, but pay is received for 21. Is this considered as exceeding the limit?

I'll be grateful to get any information or advice please, since this will be very helpful in deciding whether to apply for off-campus work or not. Thank you very much.

No. This is not considered as exceeding 20 working hours per week and you are not in violation. In most CBA, Part time employees are paid out stat hours, it is entitlement within collective agreement but does not mean actual work has been done to earn payout. Same way if your CBA allows you to use sick bank hours, and on top of that you work 1 day, total pay out exceeds 20hrs. you are not in violation.

 

[Economist9]

No. This is not considered as exceeding 20 working hours per week and you are not in violation. In most CBA, Part time employees are paid out stat hours, it is entitlement within collective agreement but does not mean actual work has been done to earn payout. Same way if your CBA allows you to use sick bank hours, and on top of that you work 1 day, total pay out exceeds 20hrs. you are not in violation.

Hi Simba112!

Thank you so much for the clarification and for your reply here!

This is very helpful and I'm very grateful for your explanation.

Yes exactly! The collective agreement automatically means that stat holidays are paid out, even if we didn't work on that day.

By the way, would you mind telling the full form of CBA please?

 

[Simba112]

Hi Simba112!

Thank you so much for the clarification and for your reply here!

This is very helpful and I'm very grateful for your explanation.

Yes exactly! The collective agreement automatically means that stat holidays are paid out, even if we didn't work on that day.

By the way, would you mind telling the full form of CBA please?

CBA stands for Collective Bargain Agreement. You are fine, not in violation on terms of your study permit....

 

[Economist9]

CBA stands for Collective Bargain Agreement. You are fine, not in violation on terms of your study permit....

Thank you very much once again!