Can You Get Fired For Refusing To Work Overtime In Canada?

Can you say no to overtime?

If your contract doesn’t mention overtime You have a right to say no but if you say no without a good reason, it might damage your relationship with your boss.

They might try to change the working hours in your contract.

Find out what you can do if your employer tries to change your contract..

Can employer force you to do overtime?

Under the modern awards and the Fair Work Act 2009, employers can request that employees work “reasonable overtime”. … An employee may refuse to work overtime hours if the overtime hours are unreasonable.

How do you tell your boss you’re working too many hours?

Here’s How to Tell Your Boss You Have Too Much WorkMake it about quality. The way to frame this is that you don’t want to sacrifice quality in order to keep up a ridiculous level of output. … Be concrete. Don’t just say you have too much work. … Discuss deadlines and delegation. … Stay positive. … Ask for help.

Is it illegal to work 15 hours straight?

According to an interpretation of the FLSA by the U.S. Department of Labor’s the act does not limit the number of hours in a day or days in a week an employee must work, including overtime hours, if the employee is at least 16 years old. Any time worked over 40 hours per week, however, is considered overtime.

Can you be fired for refusing overtime?

If an employee fails to comply with a lawful and reasonable direction to work a reasonable amount of overtime, then the employee may be guilty of serious misconduct. This would mean that you could dismiss them without notice.

Can I be forced to work on my day off?

Your employer cannot make you work on a day contractually guaranteed to be your day off. … Written employment contracts and religion are the only reasons the employer could not require you to work on your day off—and fire you if you don’t. There is some good news, though, at least for hourly employees.

Can I sue my employer for not paying me overtime?

Under Federal Law, an employer is required to pay a “non- exempt” employee overtime pay for hours worked beyond a 40-hour work week. … Workers covered under the FLSA can sue their past or present employer if required overtime wages were not properly paid.

What happens if an employee refuses to work overtime?

If an employee refuses to work overtime they are obliged to work, the employer may view this as a breach of the contract and proceed with disciplinary action.

How do you politely decline an extra job?

How to Politely Say No to Extra Work at the WorkplaceExplain Your Current Workload. Your boss probably keeps giving you more work because they don’t know about all the other tasks you have at hand. … Appreciate The Opportunity. Whether you do an additional task or not is secondary. … Talk About The Priority Tasks. … Suggest an Alternative. … Acknowledge The Request Tactfully.

Do employers have to give notice for overtime?

If An Employee Is Required To Work Overtime, You Must Give Notice. Be aware as the employer you must give a reasonable amount of notice as well. If a request to work overtime is unreasonable, then the employee does not have to accept.

Can you refuse to work on Sundays in Ontario?

If an employee has agreed to work on Sundays, whether or not the agreement was made when they were hired, the employee can later decline to work on a Sunday by giving the employer at least 48 hours’ notice before the employee’s work was to begin.

Can you refuse to work over your contracted hours?

You cannot be forced to work over the number of hours in your contract and may legally refuse to do so. If you do not work the full number of hours stated in your contract (without good reason such as illness/bereavement etc) then your employer may discipline you.

How many 12 hour shifts can you do in a row?

12 hour shifts are legal. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift.

Can an employer force you to work overtime in Canada?

An employer cannot force an employee to work overtime, except in the rarest of circumstances. Of course, employees can agree to work overtime. If an employee legitimately works overtime, they are entitled to the appropriate pay or time off in lieu thereof.

Can my employer force me to work overtime in Ontario?

Truth: an employer cannot force an employee to work in excess of 8 hours a day (or where a regular work day is longer than eight hours, longer than the regular work day), or 48 hours a week. … Toyota Manufacturing Canada Inc., 2002 (an unreported decision of Ontario Employment Standards Officer Sheridan Barker).

How many hours of overtime can an employer make you work?

Know Your Rights with Overtime Work. Your employer has asked you to stay back to work a few more additional hours this week – can they do this? Your employer can request that you work overtime, but only if it is reasonable in the circumstances. The maximum weekly hours of a full-time employee are 38 hours per week.

Can an employer force you to work night shift?

Although not required by law, employers usually pay a shift differential for employees working shifts other than the day shift, such as the night shift or “graveyard shift.” Employers can change an employee’s shift if the change is intended to be permanent and not designed to avoid FSLA overtime pay rules.

How do you say no to your boss without getting fired?

13 Clever Ways to Tell Your Boss “No”Give them a valid reason. Don’t just tell your boss you don’t want to do something because you don’t feel like doing it. … Always offer alternative solutions. … Remind your boss of your existing workload. … Show your gratitude. … Find someone else to do it. … Be empathetic. … Buy yourself some time. … Don’t beat around the bush.More items…•