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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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Recently, I signed on to a two year contract with an

Customer Question

Recently, I signed on to a two year contract with an employer. I am a salaried employee and this contract covers term, responsibilities, exit strategies, etc. At one point in the contract, there is a clause stating that any time I am requested to work over 40 hours is "managerial time" and will not be reimbursed. From my understanding, it is illegal (in Canada) to force an employee to work more than 40 hours a week, but I said that I would put in a "reasonable" amount of work, as required, to help out (i.e. a few hours here, a few hours there). Of course, I wouldn't be writing you this right now, if I wasn't regretting the decision to sign on to this contract. My current employer is now taking advantage of me and has fired several staff members and is migrating their workload over to me, stating that I need to work that overtime as a "manager". However, if I am not being payed for overtime and am being forced to work that overtime, do I not have a leg to stand on? I am now working 16 hour days. Is my contract even enforceable, if one of the clauses in that contract runs contrary to Canadian labor laws? As well, in this circumstance, am I able to back out this contract due to emotional stress (my workload and the stress associated with it has caused me to lose 15 pounds in 3 weeks)? I do have a clauses stating that I can back out of the contract, with viable health reasons.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Are you actually acting as a manager during those overtime hours?

Is this a federally regulated company?

Customer: replied 2 years ago.
No, most of those tasks are not necessarily managerial. Many of them are tasks that would have been done by the employees who have left.No, it is not federally regulated. Small business. 10+ employees.
Expert:  Debra replied 2 years ago.

The Canada Labour Code does not apply but the Employment Standard Act does.

And the law is that you can be compelled to work overtime but you must be paid overtime pay and what your employer is doing is unlawful as they are saying you are a manager when you are not because managers do not get paid overtime.

You can complain to the Employment Standards Branch about this as it is simply unacceptable. The contract is still enforceable aside from this.

But you can back out if the contract allows this as you've pointed out.

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