Dear CD members,
I am sorry to bother you often with my office problems but here is another one :
We are 10 employees of our firm and all immigrants. We have a desi poplulation of 4. Today our employer called us and told us that due to an urgent project that we all have to put in 8 hours a day atleast for 7 days a week till feb. end. He also does not pay overtime.
He had said to one employee that since he pays salary he does not need to pay overtime.
Since i am out of payroll i can do nothing but other immigrants were visibly shaken. No one can dare speaking against the employer since every one knows what searching for a job in canada is . An employee who has a 2 year kid was in near tears as she always spends sat. and sunday with her kid giving him full attention.
What can be a solution to this problem. can we complain to anyone without informing our name. I heard from another person that the government goes soft on these employers b'cos of the business tax that they pay and also b'cos they give jobs.
Please advise what should / can be done.
There was a clause from the OAA (ontarion asso. of architects) that people intending to be registered ( i.e. working to put the number of canadian hours of experience) are exempted from some clauses of ESA one of which is that there is no maximum number of hours to be put for these kind of people. But our employer asked just 3 of us , if we were interested in being registered and we all refused. I am not sure that if he has put us in that list without informing us. I shall put those rules in the board by tonight.
Thanks
TK

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I am a Gents and not a Ladies.

As an employer, it is important that employers confirm in writing with your employees or prospective employees their present status, or any changes to their status as either “a person employed as a duly qualified practitioner of architecture” or “as a student in training” for the profession of architecture. This status determines if Parts IV, V, VI, VII and VIII of the ESA are applicable. The OAA can confirm if an individual is a Member, Intern Architect or Student Associate. It is particularly important to confirm with students of architecture or graduates from a School of Architecture their intention to be in training to become an architect. If that is not their intention then Parts IV, V, VI, VII and VIII of the ESA are applicable to their employment.
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Part IV Hours of Work

Part IV limits the hours of work to not more than 8 hours per day and 48 hours per week. The limits on the hours of work may only be adjusted with the written approval of the Director of Employment Standards. (Advice should be sought from ESA as to whether the approval must be prior to the adjustment).

Part V Minimum Wage

Part V requires the employee to be paid at least the minimum wage established by the province of Ontario.

Part VI Overtime Pay

Part VI requires an employee to be paid an overtime rate for all hours worked in excess of 44 hours per week. The overtime rate must be at least 1-1/2 times the regular hourly rate.

For employees who are paid a salary, rather than on an hourly basis, the regular hourly rate is calculated on a weekly basis by dividing the employee’s earnings, excluding overtime compensation, by the number of hours worked in that week.

Part VII Public Holidays

Eligible employees, as defined in the Act, must be given either Public Holidays off (as set out in the ESA) with pay or they may agree to take a day off with pay at another time. When a Public Holiday falls on a non-working day the employee must be paid for that day or be given another day off with pay. When an employee does work on a Public Holiday he or she must be paid at overtime rates for all hours worked on the holiday.

Part VIII Vacation with Pay

Upon the completion of 12 months of employment the employee must be given at least 2 weeks of vacation with pay. The vacation may be either two week-long periods or a single two-week period at the discretion of the employer. The employer may also determine when the vacation is to be taken. The amount of pay for such vacation shall be not less than an amount equal to 4% of the wages of the employee in the twelve months of employment for which the vacation is given.

Parts of the ESA Applicable to all Employees

The other Parts of the ESA apply to all employees.

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I am a Gents and not a Ladies.