Employers are allowed to make minor changes to your employment, including small reductions in your pay (with exceptions). They can also make significant changes to your job duties, wages or hours (among other changes) as long as they are made with your consent or providing sufficient advance notice.
Can an employer reduce your hours in Ontario?
Ontario’s Employment Standard’s Act (ESA) does not include provisions regulating the scheduling of work by employers. Therefore, there is no provision that requires an employer to provide advance notice of shift schedules or of last-minute changes to existing schedules.
Can an employer just reduce your hours?
Can your employer reduce your hours, or lay you off? The short answer is – only if your employment contract allows it. If not, your employer will have to negotiate a change to your contract. Typically, this will involve many members of staff.
What are my rights if my employer wants to reduce my hours?
If your employer insists on reducing your working hours or pay you may feel you have no choice but to resign. You can claim constructive dismissal because your employer has breached the terms of your contract.
What is the 3 hour rule in Ontario?
What is the 3-hour rule in Ontario? Under the 3-hour rule, if an employee is required by the employer to come into work for less than three hours, the employer must pay the employee for 3 hours at minimum.
Can I refuse reduced hours?
So, you should always make sure you receive their consent. If you don’t, they may resign—and they could make a claim for constructive dismissal. If you do make a reduction, and the employee agrees to the change, then you should provide the details to them in a letter.
Can I apply for EI if my hours are reduced?
Unfortunately, you must have lost your job to become entitled to EI regular benefits. You cannot apply if your hours were reduced, even if they were reduced substantially. The requirement is that you must be without work and without pay for at least seven consecutive days.
Can I refuse a shift change?
Do not refuse a new shift pattern unless you are intending to resign. If you have already established that your employer has a legal right to change your shift pattern, refusal may result in your employer fairly dismissing you.
How do I refuse a pay cut?
If you do decide to reject the pay cut, you do not need to get into the details of your personal finances. You can simply say that while you understand the company is going through a difficult time, taking a pay cut isn’t feasible for you right now.
Are 12 hour shifts legal in Ontario?
Section 17(1) sets out the daily and weekly maximum hours that an employer may require or allow an employee to work: Daily maximum: eight hours per day or, if there is an established work day that is longer than eight hours, the number of hours in that work day. Weekly maximum: 48 hours per work week.
What is the legal break time for an 8 hour shift in Ontario?
30 minutes
The Code provides at least one break every 5 consecutive hours of work, of a minimum duration of 30 minutes. Essentially, the break must be taken before the 5 hours are up (4.5 hours of work and 30-minute break). Thus, the break cannot be split (for example into two 15-minute breaks).
Is your boss allowed to text you after hours?
The United States does not have laws forbidding employers from contacting employees after work hours yet. But the survey suggests it could be necessary because it happens with regularity. Most employed workers are contacted after hours at least once a week by their employers.
Can my employer change my contract and reduce my pay?
An employment contract cannot be unilaterally varied by one party without the consent of the other. If an employer attempts to reduce an employee’s salary without their consent, this will entitle the employee to take any of the following action: Resign from their position.
Is 25 hours a week part time?
A part-time worker is someone who works fewer hours than a full-time worker. There’s no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.
On what grounds can an employer refuse flexible working?
Your employer can turn down your flexible working request if there’s a valid business reason for doing so. By law, your employer can turn down your flexible working request if: it will cost too much. they cannot reorganise the work among other staff.
What is the minimum hours for full-time employment Ontario?
As an employee or student intern, your standard hours of work are: 8 hours in a day (any period of 24 consecutive hours) 40 hours in a week (the period between midnight on Saturday and midnight on the Saturday that immediately follows)
Can an employer change you from fulltime to part-time Canada?
The short answer is: it depends on what the terms of employment were when you were hired. If you were hired to work 40 hours a week, but there was no mention of overtime hours, your employer cannot make you work 50 hours a week. Your employer cannot change the terms of employment.
How many hours do you need for EI in 2022?
You need at least 420 hours of insurable employment to qualify for EI.
How much notice is required for a shift change?
Organisation is key
It seems as though seven days is a commonly-accepted minimum notice period that employers should give their employees when it comes to shift schedules and shift changes.
Can you be forced to change your shift?
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
Refusal to work to the new terms. An employee who refuses to work to the new terms will force the employer to either consider dismissal (with the employee able to bring a potential unfair dismissal claim) or else allow them to continue on their existing terms.