Quote:
Originally Posted by flip
The only question I have is: How much overtime do you normally work?
These agreements are common in retail businesses where the employer wants to make sure that people aren't working more overtime than they need to for the sole purpose of getting extra pay.
Hence the reason I asked how much overtime you normally work. If you work a ton, and it is because your employer expects you to stay then this is a shoddy deal.
If you work a lot of overtime at your discretion, then what your employer is doing is saying that you either need to just go home when your 8 hours is up, and finish off whatever you were doing the next day, or that you need to start working more efficiently.
At my previous employer we had the same agreement and it was in place because people were constantly working 55 hour weeks and expecting OT pay when really there was no reason for them to be working overtime. Our employer basically told us that unless absolutely necessary we were not permitted to ever work above 48 hrs per week because the employer did not want to have to pay overtime. A sentiment that, although kind of cheap, is totally understandable considering how much OT can cost a company if it is rampant.
Just my 2 cents.
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I normally don't do overtime and if I do, it's because I'm catching up on some work and I don't bother try to get paid out on. For small amounts of OT, ie if I come in 4 hours on a weekend, I will just take a morning or afternoon off. The problem here though is during large projects, I will sometimes do 30 hours OT in one week alone and will go on for 2 months.
My employer and I already have an understanding that any OT that will need to be owed to me must be preapproved. There are others in the office however that complain about OT (about the same amount I have), but there's is accumulated over 6 months compared to my 2 months.
Quote:
Originally Posted by DementedReality
My opinion is that the employer has an ethical obligation to observe the laws and statutes in place and not bully an employee to accept less than standards.
THat being said, I personally have a problem with clock watchers. Do ever come late, leave early or any other sort of time skimming? Dont tell me you dont, and just as you should have some flexability, you should also be willing to work a few minutes here or there.
Frankly, every minute you invest into your job will be paid back by way of opportunity and developing of work ethic. If your current employer abuses that, then someone else will recognize the experiance and effort you provide and recruit you. Of course a company shouldnt assign 10 hours of work to do in 8 hours, but sometimes extra effort is required.
Typically those that complain the loudest about their pay (or lack of) are the sames ones not willing to make the neccesary sacrifices to improve their standings. Not always, but in my experiance, most times.
Thats my opinion, not neccesarily addressed to the OP.
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I agree fully. I usually don't like clock watchers either, but how large is the buffer zone between clock watching and unpaid OT and who defines it? That's the root of the problem here it seems. The employment standards suggest 44 hour weeks. As for coming in late, time skimming, leaving early... I mentioned this earlier up above, but usually around here minimal amounts of OT are just given via letting someone leave early for a day. Very few people around here actually log their time.
I understand that when salary based, a portion of that salary should include an overtime buffer (such as 4 hours) where the employer can expect the employee to work without OT pay.
Quote:
Originally Posted by onetwo_threefour
As a lawyer who's done a couple of wrongful dismissal claims over the years, I'd advise you that so far you've been given good general advice.
However, you should be aware that certain industries enjoy a level of exemption from the Emplyment Standards Code, and a couple of those industries are Oil & Gas related. (Such as Oil Well Servicing) For the industries listed as having special rules under the Employment Standards Regulation (here: http://www.qp.gov.ab.ca/documents/Re...=9780779730735) the advice you have been given may not be totally applicable. In some cases there are complete exemptions from certain parts of the Code.
Realistically, you should call the Employment Standards informaiton line previously suggested and you may want to look up a labour lawyer if your employer insists on you signing the agreement. I am not in that business anymore, my real estate practice keeps me busy enough, but a lawyer may become necessary if your employer does not enjoy any exemption but still tries to force you to sign the agreement or threatens your job) Even if the industry is exempt, your existing overtime arrangements are very relevant to the question of whether this proosed change amounts to a constructive dismissal that would allow you to leave your employer and negotiate a healthy severance package to keep you while you find something better. |
I've already investigated the exemptions and I'm not part of them (not even close). In fact, others in a similar position at different employers get paid out their full OT as if they were hourly. My problem is I'm the only position of that type here at my company and as such, I'm being lumped into the other employees problems and consequences (ie this agreement).