Quote:
Originally Posted by fredr123
You don't have to answer this, but I'm curious what industry you work in?
|
It is Oil&Gas. Thanks for the links about the class actions. While not entirely applicable to my situation, it proves that companies out there really don't know the rules.
Quote:
Originally Posted by fredr123
What you're describing sounds like a fundamental change to an essential term of the employment relationship. This new policy sounds like it's going to take money out of your pocket and essentially result in less pay than you had been receiving before. It's a change in favour of the employer that's being foisted on you.
http://www.duhaime.org/LegalDictiona...dismissal.aspx |
It's not a guarentee that it will take money out of my pocket, it's moreso that there is an increased potential for that to happen. Most of my pay periods have zero OT, but when I do OT, it is very excessive and if I sign this new agreement, it can potentially cut my OT by more than half (a lot more once you consider it's not time and a half). While this might seem like constructive dismissal, I'm not entirely sure. Every employee here must sign this same agreement.
Quote:
Originally Posted by fredr123
Employment Standards Code
4 An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void.
|
Just to clarify, this is stating that any agreement that makes any part of the employment code not available to the employee is null and void?
Quote:
Originally Posted by jammies
A little peeved? I'd be foaming at the mouth and preaching insurrection, so you must be some kind of model of self-control.
Anyway, my question would be - what are the implications of not signing this agreement? If it were me, I'd either tell them I was not going to sign it, or I would only sign it if it were heavily amended (make it 42 hours a week, and all time credited at time and a half). It sounds to me like they are setting you up to screw you over, especially as you mention fighting with them about overtime in the past.
|
Ya, I do have quite a bit of self control. Considering this is the 3rd time I've battled about OT with my employer... well, now it's just beyond frustrating. As for the implications, it is implied that if I don't sign, then I'm gone (this is the usual for any new form we have to sign). It has been verbally mentioned that this is non-negotiable. I was pressured to sign it in front of them, but advised them that I will not at this time.
Is there free legal advice available for this type of stuff? Thanks for the help so far by the way.