4.01. After he has completed 5 consecutive working hours, the employee is entitled to a meal period without pay; that period must not exceed 1 hour.
Such meal period is paid at the effective hourly wage rate for the performance of maintenance work where the employee is not authorized to leave his work position or where the employer assigns the employee to work for a period of 12 hours or more.
An employee who works 12 hours or more in a single day is entitled to a second meal period without pay not exceeding one hour. To compute working hours, meal and rest periods are considered as worked time.
An employee who is required by the employer to carry a cellular telephone or another means of communication outside the work premises is not deemed to be at work.
However, the time spent by an employee answering a call from the employer during a meal period is worked at the end of that period.
R.R.Q., 1981, c. D-2, r. 39, s. 4.01; O.C. 1436-2001, s. 3; O.C. 736-2005, s. 3; O.C. 1082-2005; O.C. 1097-2011, s. 3.