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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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I was just red by employer in Ontario Canada to work as an

Customer Question

I was just hired by employer in Ontario Canada to work as an operations manager.
When I asked about the hours of work prior to joining , they have informed me verbally that it will be 4 days a week and 10 hrs shift.
After joining , they have asked me to work up to 60 hrs a day with no extra pay. They have asked me too to go on a night shift that I was not willing to do .
My question, do I have the right to refuse to work more than 48 hrs a week according to the law ?
Can they force me to work an unlimited hrs per week ? What should I do ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  nyclawyer replied 1 year ago.
Expert:  Debra replied 1 year ago.

This question has just been moved over the the Canada law list and I am happy to assist you.

How long have you worked for this employer?

When you say you are a manager can you clarify by explaining what you do. This is important in terms of overtime.

Customer: replied 1 year ago.
Hi ,
I look after running a shift of associates with Amazon. So I will have to supervise my employees for the 10 hrs shift making sure that the operations is run smoothly.
Expert:  Debra replied 1 year ago.

Here is the law.

You are not entitled overtime pay if you are a manager. So if you are actually managing staff and not a manager in name only then you don't get overtime pay.

You cannot be compelled to work more than 48 hours per week so long as you are covered by the Employment Standards Act which you are. There is an exception if there is a written agreement and that has been approved by the Ministry of Labour but that is not the case.

So they cannot force you to work more than 48 hours a week.

But if you refuse they may dismiss you. They can say it is for just cause but it will not be and so you would be able to sue for wrongful dismissal.

I don't know how long you've worked there for so I cannot know the level of damages.

Does that help as a starting point?

Customer: replied 1 year ago.
I am not sure whether or not they have already an exception from the ministry. They ask the hourly staff to work up to 60 hrs a week .. Does this imply that they have an exception from the ministry ? Is there any way for me to find out?
Even if they have an exception from the ministry , do I still have the right to opt out from it ? I did not know all of this before I accepted the offer and now I am in a dilemma.
I have been with them for three months and I can't simply work longer hours because I am a single dad and I need to look after my kids.
Expert:  Debra replied 1 year ago.

But you are sure that you didn't sign some agreement correct?

Customer: replied 1 year ago.
I am sure
Expert:  Debra replied 1 year ago.

Then there cannot be an overtime agreement as you need to be a party to the agreement.

You cannot be forced to work these hours.

Customer: replied 1 year ago.
Just to confirm .. This true even if they have an excess hours of work agreement with Ontario labor ministry ?
Expert:  Debra replied 1 year ago.

Yes because you have to have an agreement in writing with the employer and then approval from the Ministry.

Expert:  Debra replied 1 year ago.

I was just thinking about your situation and wondering if you've done anything since we communicated.

Do you have any update for me or any follow-up questions?

Customer: replied 1 year ago.
I am discussing that with my employer and it seems that they are willing to accommodate . Thanks for your advice.
Expert:  Debra replied 1 year ago.

That is just great. I am so happy to hear it.

If you fee we are done I hope I have earned a 5- star rating. If not please do not hesitate to post back and let me know what more I can do.

Also, please know that I am here for you even after you rate me so I do want to hear what happens but also I will still happily answer any follow-up questions you think of later. There is no further charge for that of course.

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