September 15th, 2005, 03:51 PM
My dh is having alot of problems at work they laid off alot of people now they have shipped much needed machines to there other plant. I need to know what rights he has to do with hours worked. He is salary paid tuesday he worked from 6am- 2am then went in wednesday ( as they needed him) 1pm-5pm. Today they have problems and have asked him to stay and hes been asked to work till 6am from 6am the previous morning thats TOO MUCH! Ive told him not to go in at all friday! Can they ask him to do theese crazy hours and is he entitled to time in lou etc
September 15th, 2005, 03:58 PM
In Alberta he would have to be paid overtime unless he sighned a contract stating he would accept time in lou of (ETO earned time off). It is amazing how many companies get away with not paying OT. I assume you have a similar organization in ON, but here we have the Alberta Labour Board. You can call them a file an anonoymous compaint, and they will investigate. You can also call them up and they will awnser any questions.
I would google Labour Relations Ontario see what comes up.
Hope that helps. I hate seeing workers taken advantage of while business owners pockets fill up. :evil:
September 15th, 2005, 03:59 PM
thanks its not the overtime its the crazy hours and not giving him time off of course hed love to paid overtime but he knew he wouldnt.
September 15th, 2005, 04:04 PM
As long as they have 8 hours of rest in between, then the employer can work them.
September 15th, 2005, 04:06 PM
I see you are in Ontario - check out the Government of Canada website, do a search on maximum work hours per week...scroll down, you will see tons of
articles/information on your problem. Good luck. :ca:
September 15th, 2005, 04:06 PM
Yes,of course he is entitled to either overtime pay or payed time off.
I understand he is not in any Union...if he were it would be easier.
This happens in a lot of companies today,lay off people and have others work twice as hard.
Even without a Union,workers have rights and The Labour Board would be the people to speak to.Look in the Blue pages of your phone-book.
Unfortunately employers take advantage of the employment-situation out there and many workers will feel forced to do as they are told,in fear of losing their job,be sure the employer takes full advantage :evil:
September 15th, 2005, 10:15 PM
Does he have a salary or is he paid by the hour? The laws are different for both in Qc, so they probably are in Ont too. :)
September 15th, 2005, 10:20 PM
hi, I work in HR in Ontario but we're unionized so I don't have the exact answer for you off the top of my head. However, if I remember correctly, a salaried employee, if they are in a supervisory position may not be entitled to lieu time or OT.
For the information you need,
Go to www.gov.on.ca
on the main page, scroll down to 'Employment Standards"
that will bring you to the ESA page. I have an extremely slow dialup at home, so I wasn't able to do a proper search. However, you can check the
e-laws which will have the Employment Standards Act, 2000
You can also phone the Ministry of Labour directly for an answer.
September 16th, 2005, 08:06 PM
www.workrights.ca there is aforum there that you can post questions. as well as articles to read.
I actually respond to a lot of the questions on there,there is a few of us that do. I know I cannot receive PM's right now ... I don't know how long it is till I can receive PM's.. as I would need a bit more info to answer your question.
Certain things change the circumstances of this ... Is your DH unionized? What industry does he work in? Does he have an agreement with his employer to work days exceeding 13 hours?
September 19th, 2005, 03:19 PM
By law in Ontario an employer nor an employee can agree to work hours without either banking the time (has to be 1 hour: 1 1/2 banked time) or overtime. This is after 44 hours a week. Anything after have to be accounted for. He has to have at least 8 hours between shifts. Is entitled to 30 minute break every 5 hours worked.
September 20th, 2005, 10:15 PM
I am very sorry to disgree Luvmypit but that information is not correct ...
Easiest way to read is from this site:
What is the regular work week?
The standard work week is 44 hours a week.
(Note: If you belong to a union, check your collective agreement. You might have better hours of work and overtime provisions than the minimum protections found in the law.)
Are there limits to the number of hours my boss can make me work?
The law says the maximum is 8 hours a day and 48 hours a week. But it also says:
Your boss can make you work up to13 hours in a day and up to 60 hours a week with your consent.
The Director of Employment Standards can approve a work week of longer than 60 hours, if you consent.
Under certain circumstances, you might also be required to work longer hours than the maximum or during times when you'd otherwise be off work:
Emergencies, unforeseen events and urgent repair work.
Delivery of essential public services.
as per: http://www.workrights.ca/Work+Time/juris/Weekly+Hours+and+overtime_Ont.htm
Directly from the ESA
Limit on hours of work
17. (1) Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than,
(a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and
(b) 48 hours in a work week. 2004, c. 21, s. 4.
Exception: hours in a day
(2) An employee’s hours of work may exceed the limit set out in clause (1) (a) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a day in excess of the limit and his or her hours of work in a day do not exceed the number specified in the agreement. 2004, c. 21, s. 4.
Exception: hours in a work week
(3) An employee’s hours of work may exceed the limit set out in clause (1) (b) if,
(a) the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a work week in excess of the limit;
(b) the employer has received an approval under section 17.1 that applies to the employee or to a class of employees that includes the employee; and
(c) the employee’s hours of work in a work week do not exceed the lesser of,
(i) the number of hours specified in the agreement, and
(ii) the number of hours specified in the approval. 2004, c. 21, s. 4.http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/00e41_e.htm#BK24