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more info for christpunchers
Posted by: goodboss
Date: 4/10/2008 9:13:57 AM
Based on your description, I think that you're not a real manager (managers and up are exempted from OT pay), and that you are therefore probably entitled to OT pay. Since your company is engaged in interprovincial transport, you are covered by federal employment laws (and not BC employment laws, so don't bother going there). Federal employment laws dictate that non-management employees be paid 1.5 times their normal hourly rate for every hour (or part thereof) worked (so stat holiday pay doesn't count as "hours worked") above their normal weekly working hours. (To figure out your normal hourly rate, divide your weekly gross base pay by 40.) I recommend you do the following: 1) go to www.hrsdc.gc.ca and look up the "Canada Labour Code" for more information, 2) ask your boss for your OT pay, and tell her about the law covering same, 3) if she refuses to pay you OT pay, make a formal complaint according to the instructions on the www.hrsdc.gc.ca website, 4) if she tries/threatens to fire you for making a formal complaint, tell the people you made the complaint to, because it's illegal to fire someone for making a complaint of this nature.
| Reply from: |
goodboss |
| Date: |
4/10/2008 9:14:00 AM |
| Reply: |
“Am I looking at some black hole here if I plan to ask for a raise or some sort of review or if I quit I will not likely be compensated?” There are no laws in Canada requiring employers to give raises to employees, or to conduct performance reviews, or to compensate employees if they quit. In fact, as far as that last one goes, even if you HAD gotten an offer letter, there would NOT have been anything in it about compensation upon quitting. No employer in Canada or the US (or probably anywhere else in the world for that matter) has EVER put something like that in an offer letter. Some employers may describe compensation-upon-involuntary-termination in their offer letters, but they most definitely do not talk about compensation-upon-quitting. (And please note, if you ARE thinking of quitting, you won’t be entitled to EI benefits. EI termination benefits are only for those who are laid off, or who are fired for something less than gross misconduct.) |
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| Reply from: |
goodboss |
| Date: |
4/10/2008 9:15:00 AM |
| Reply: |
I happen to know a fair amount about trucking workplace cultures, having been the Director of HR for two trucking companies in my past. These kinds of companies are all run using the seat-of-their-pants management technique, and it sounds like your company’s just like the rest of them. It’s more than likely that your company doesn’t HAVE any set policies or procedures, and that everyone working there just makes it up as they go along – and that’s what they expect you to do too. If that’s the way things are there, unfortunately you aren’t going to change the situation, no matter what you try. I recommend that you just go with the flow (except for the OT issue – you should do something about that), and if that becomes too onerous, find a new job (NOT in trucking). Hope this helps, and good luck! |
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