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eweazel

join:2008-12-09
Etobicoke, ON
Reviews:
·TekSavvy DSL
reply to Gone

Re: Ontaro Labour Law question

said by Gone:

said by eweazel:

Why get personal with me, you dont like what is being said, thats your right, but in reality jobs like these try to scare these people into signing. Not saying its right, but thats how they like to play the game. You do have a right to refuse to work on holidays, but it wont stop them from trying to schedule him in. Especially in days like boxing days, and if they are in the "Tourist zone" As long as they pay him or give him time off if he does work, it is legit.

The whole point I was making is that it isn't binding. Sure, they can schedule him in and they can cry to him about what he signed, but so long as he gives them the appropriate notice they can't force him to work that shift. You said it was binding, but really it's not.

The right to refuse to work a stat holiday is enshrined in the ESA. Even if you sign a document saying you agree to work those holidays, you still have every right to say no with appropriate notice. In effect, you can't "sign away" that right to not work on a stat holiday.

This isn't personal. This is just the law.

That is right, and you are bang on, on that argument. But it becomes a very grey area if signed. We can all agree that he should not sign the document anyway.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
Well, signing it is irrelevant. So long as he tells his employer he refuses to work a stat holiday 48 hours prior, it's fair game. Email is good for this kind of stuff. If he has proof he told them 48 hours prior the employer has no recourse even if they schedule him. To quote what the MOL told me, "just don't show up, and call us after if it's an issue."

If it were me, I probably would have crossed it out and initialled it, but it really makes no difference in practice.


elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2
Reviews:
·VMedia
Regs or no regs, any company that abuses it's workers, will find a way to get rid of people. Before I jumped ship at the Shack, they had reduced my hours to under 24, it was a sure sign they were after me. Top salesperson in the country, but I wouldnt play their little games at one point they tried to make battery add on sales a condition of your employment. ( must sell a certain percentage of sales in batteries).
--
No, I didn't. Honest... I ran out of gas. I... I had a flat tire. I didn't have enough money for cab fare. My tux didn't come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake.......