Discussion paper: Probe on unpaid work in the airline sector

Background and questions for discussion

On this page

• Introduction
  • Purpose of the discussion paper
• Background
  • Canada Labour Code
  • Hours of work
  • Flexibility for parties to negotiate alternative rates of pay
  • The role of the Labour Program
• Discussion questions provided to select participants

Introduction

Purpose of the discussion paper

This discussion paper was circulated to targeted stakeholders in the airline sector on Friday, September 12, 2025.

The discussion paper is intended to help gather the diverse views and perspectives of stakeholders on whether flight attendants are paid in a manner that, at minimum, meets the requirements of the Canada Labour Code (Code).

The discussion paper will support virtual sessions with targeted stakeholders that will be hosted in late September and early October 2025. Targeted stakeholders are also encouraged to make written submissions in the official language of their choice to fully articulate their views. Responses should be provided no later than October 17, 2025.

Background

Canada Labour Code

The Code is an Act of Parliament that covers industrial relations (Part I), occupational health and safety (Part II), labour standards (Part III) and an administrative monetary penalties regime (Part IV) for federally regulated employers and their employees.

Part III of the Code sets out standards regarding employment conditions including hours of work, payment of wages, leaves, annual vacations, holidays and rights on termination of employment. There are roughly 1,020,000 employees subject to Part III of the Code who are employed by approximately 18,500 federally regulated private-sector employers and Crown corporations.

Hours of work

Part III of the Code does not include a definition of what constitutes "work," however the Labour Program has developed Interpretations, Policies and Guidelines (IPGs) that clarify the meaning of "work" to ensure consistent interpretation of the Code. IPG-002 clarifies that, in general, an employee is performing "work" when the employee:

• is on any trial period or training required by the employer
• is on any travel time required by the employer
• is at the employer's disposal on the worksite. The employee is required to wait for their employer to assign them work or assign them work outside their normal responsibilities, and
• is on a break granted by the employer but is required to remain at the employer's disposal (for example, respond to clients or answer the telephone)

Flexibility for parties to negotiate alternative rates of pay

Subsection 168(1.1) of the Code clarifies that certain divisions under Part III (Minimum Wage and Age of Employment, Annual Vacations, General Holidays, and Bereavement Leave) do not apply to employees represented by a union, if the collective agreement provides rights and benefits at least as favourable as those provided in those divisions.

This means that an employer and a union may negotiate an alternative rate of pay so long as employees receive at least the minimum wage.

Many sectors have compensation structures with rates of pay that are different than the hourly rate set in the Code's minimum wage provisions. When assessing whether these structures meet the statutory minimum, arbitrators have generally considered the rights and benefits conferred by the collective agreement as a whole rather than isolating its clauses when determining whether they meet specific provisions of the Code. However, the flexibility built into these alternative systems does not permit an employer to pay an employee less than what they would have earned at the minimum wage rate.

The role of the Labour Program

The role of the Labour Program is to ensure that employees can avail themselves of their rights and benefits and that employers comply with the requirements of the Code. This is done by providing information to assist employers and employees in understanding their rights and obligations under the Code, addressing complaints, and conducting workplace inspections.

Should an employee believe that their employer has contravened the wage payment requirements of the Code, they have the right to file a complaint with the Labour Program. However, unionized employees are generally expected to seek recourse through the grievance and arbitration process provided for under their collective agreement.

Discussion questions provided to select participants

1. How many flight attendants are employed in your workplace/by your employer? How many are pursers/service directors?
2. Are flight attendants (including pursers/service directors) unionized? Are there exceptions for certain employee categories?
3. Please describe the pay structure for flight attendants, including rates of pay (e.g., duty period guarantee credits and trip hour guarantee credits) and allowances (or other non-wage benefits).
4. Are there activities where flight attendants are at the disposal of the employer but are not remunerated?
   1. If so, what are the activities?
   2. Are employees compensated for such activities in other ways?
5. Are flight attendants paid at least the minimum wage for every hour they work, as per the meaning of work under IPG-002? If not, please elaborate.
6. If your workplace is unionized, has the collective agreement's grievance and arbitration process been used to resolve disagreements regarding unpaid work? If so, what was the nature of the grievance? What was the outcome?
7. In your view, are the requirements respecting hours of work and minimum wage requirements under Part III of the Code, and related interpretations in IPG-002, clear? Please explain.
8. Are there any changes (e.g., additional guidance; regulatory or legislative amendments) that would help clarify the hours of work or minimum wage requirements to which flight attendants are entitled?
9. Is there anything else you would like to bring to the Labour Program's attention regarding this issue?
10. Do you have any questions?