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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I am currently negotiating a salary contract with my employer

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I am currently negotiating a salary contract with my employer in the Yukon. They basically want me to agree to work for a set amount of money but they want to leave the amount of hours that I work open. Now, I have worked for this company for four years now. Two of which have been salaried. I have received the same amount of money for the salary for both years and they want to keep it the same for the upcoming year. Now from past years experience I know that I have worked excessive amounts of hours and am expected to be on call and available basically 24/7. I feel it has ruined my life in many ways.

My question is do I have the legal ground to cite the Yukon Employment Standards act, which states that the employer has to put a number of hours to the salary they will pay me then any hours worked over this stated amount is considered overtime and I am to be paid accordingly, and make them stick to it by giving me a number of hours of expected work for a certain salary?

I feel like they just want give me a small sum of money and turn me in to a bit of a slave. One extra consideration is that I work in mineral exploration which has a extra set of confusing laws.

Tom Law :

I assume you are not in management?

Tom Law :

What do you do in mining? Some work in mining is excluded by the Act.

Tom Law :

Hello.

Customer:

I am designated as a Project Manager. So I guess I am in management. Whatever that legally means I have no idea. I work for an mineral exploration contractor.

Tom Law :

Attempting to find out where you fit is the key.

Tom Law :

Hours of work, overtime and records


2(1) Section 14(1)(a) of the Act (relating to the keeping of employment records for regular and overtime time hours of work) and Part 2, Divisions 3 and 4 of the Act (relating to hours of work, overtime and overtime pay) do not apply to


(a) an employee who is employed in


(i) a supervisory capacity,


(ii) a managerial capacity, or


(iii) a capacity concerning matters of a confidential nature


and whose duties do not, other than in an incidental way, consist of work similar to that performed by other employees who are not so employed;

Tom Law :

I also assume that your job could fall into the following description. Please let me know.

Tom Law :

“geophysical exploration” means the application of a physical science in the determination of geologic or other conditions for the location of oil, natural gas, coal or other minerals

Tom Law :

The Act and Regulations exempt certain types of employees and certain employees in specific industries from coverage under the Act or sections thereof.

Tom Law :

Please respond and I will do my best to guide.

Customer:

Most of the time I am working as a manager or supervisor. The above description describes my role at work very well. Sometimes I do geophysical exploration and other times I am running crews of about 20 people in other exploration work that is not related to geophysics. I just do everything.

Customer:

Anyway, I submitted what I believed would be a fair proposal and was open to negotiation but the owner of the company I work for decided that he would just pull the plug on my project because what I put forward was offensive. I feel like he just thought he would show me how "weak" I really am. I guess that there is just nothing for people in the exploration industry that protects workers. After 4 years of extremely hard work and dedication to the cause I now have had the rug pulled out from under me in what I feel was a show of power. I am chalking this one up to live and learn.

Customer:

Thank you for your guidance.

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