need HR help

[Yc]

Hi everyone

I am a full-time worker for a company, due to some internal issues which I have no fault in;

one of the manager decides to bank my hours for the month

and wants me to work more than 60 hours a week for the next month for two weeks, and some days i actually need to work more than 10 hours

my questions is, is that allowed?

[skiiipi]

As far as i know, this practice is only allowed if the employee (you) agrees to this.

However, some company contract states that no OT pay will be paid as long as employee works their supposed hours with in a pay period. So for example if u get paid once every two weeks. Some company can refuse OT pay as long as the total number of hour you work within 2 weeks is under 80 hours. So u can technically work 8 10 hr days and take the rest of the 6 days off if you and your boss both agrees to it.

But by the sound of your post, this is not your choice, i would give your HR office a call to clarify.
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[nns]

Are you under contract?

skiipi beat me to it. What a coincidence, I was just reviewing my contract like 5 mins ago.

[TheNewGirl]

No. If it's not part of your contract you can not be forced to work over time. That said, how employment board may view this, depends heavily on what sort of work you do.

You will (ironically) get more assistance if you work for an hourly wage in a lower responsibility job. If your job is in some sort or management position, research, development or something that deals with deadlines, it could be argued that the overtime is intrinsic to your position and therefore required.

If you have an employment contract (if you signed one your HR should be able to provide you a copy) you should look at it and see if it covers any O/T. Also if you have a company handbook you should refer to that and see what your company's policies are in regards to O/T. If your manager is in clear violation of either of these you're in a better bargaining position.

If your company does not specify how it handles O/T that you've agreed to in writing, they're required to pay you out for the O/T (@ time and a half). They can only establish a time bank at your written consent and if they do, time must be banked at the rate that it's earned (IE. You must get time and a half credit for over time hours, not 1:1). You can also request to be paid out for these hours or to use them at any time in writing. They are considered owed to you.


Here is the fact sheet for Overtime, the time bank stuff is at the bottom.

http://www.labour.gov.bc.ca/esb/facs...d_overtime.htm

These are people who are exempt from OT rules:

Spoiler!

Exclusions from hours of work and overtime requirements

34 Part 4 of the Act does not apply to any of the following:

(a) a fishing or hunting guide;

(b) a person, other than a percussion drill or diamond drill operator or a helper of either operator, employed in any of the following activities while exploring for minerals other than oil or gas:

(i) staking;

(ii) line cutting;

(iii) geological mapping;

(iv) geochemical sampling and testing;

(v) geophysical surveying or manual stripping;

(c) a teacher;

(d) a person employed as a noon hour supervisor, teacher's aide or supervision aide by

(i) a board as defined in the School Act, or

(ii) an authority as defined in the Independent School Act;

(e) a person employed part time by an institution that

(i) provides training or instruction in a trade, occupation, vocation, recreational activity or hobby, and

(ii) is owned or operated by a municipality, regional district or the government;

(f) a manager;

(g) a tender vessel worker;

(h) a guard, fire warden or fish camp worker employed in connection with a commercial fishing operation;

(i) a person employed on a towboat other than

(i) a boom boat,

(ii) a dozer boat, or

(iii) a camp tender

in connection with a commercial logging operation;

(j) a police officer employed by a municipal police board established under the Police Act;

(k) a firefighter employed by a paid fire department as defined in the Fire Department Act;

(l) a commercial traveller who, while travelling, buys or sells goods that

(i) are selected from samples, catalogues, price lists or other forms of advertising material, and

(ii) are to be delivered from a factory or warehouse;

(m) an operator of a motor vehicle who is employed exclusively to transport

(i) students, teachers and other persons accompanying them on school related activities that have been approved by a board as defined in the School Act or by an authority as defined in the Independent School Act, and

(ii) persons to and from a church;

(n) the master or crew of a chartered boat;

(o) any of the following employees of BC Rail Ltd. or of a subsidiary of that company as defined in the British Columbia Railway Act:

(i) a locomotive engineer or helper;

(ii) a train conductor or a train baggageman;

(iii) a brakeman;

(iv) Repealed. [B.C. Reg. 357/97.]

(p) Repealed. [B.C. Reg. 113/99, s. 5.]

(q) a live-in home support worker;

(r) any of the following who are employed by a charity to assist in a program of therapy, treatment or rehabilitation of physically, mentally or otherwise disabled persons:

(i) a counsellor;

(ii) an instructor;

(iii) a therapist;

(iv) a childcare worker;

(v) Repealed. [B.C. Reg. 44/97, s. (c).]

(s) a faculty member as defined in the University Act or the University of Northern British Columbia Act;

(t) a professor as defined in the Royal Roads University Act;

(u) an instructor, counsellor, librarian or administrator who is employed by an institution as defined in the College and Institute Act or by the British Columbia Institute of Technology;

(v) a senior tutor, or tutor, who is employed by the Open Learning Agency;

(w) a night attendant;

(x) a residential care worker;

(y) a live-in camp leader;

(z) a teaching staff member as defined in the Technical University of British Columbia Act.

[van_driver]

This would fall under the Employment Standards Act

Also, are you in a union?

[Yc]

well, my title isn't official, but most of the people in the company know that i am now assistant manager, with that being said, i am on a salary

i didn't sign any contract regarding to the bank hours or any employee related act at all and only until yesterday when the schedule came out, i was aware that they actually want to bank my hours

there is no HR deparment in our company;

thanks newgirl, i will read it up

[Yc]

hmm, its a bit interesting in my case

its like instead of laying me off, they bank my hours that i suppose to work for them

and use those hours at a later time

since the website doesn't mention any of that, i am now wondering if thats legal?

[TheNewGirl]

If you're official designation according to payroll is 'assistant manager' you may be exempt from Employment Act protection. You can call the people directly and find out if AM qualifies as Management in their reading (as someone who does HR, I assume it does but I would double check if such a situation ever came up for me).

Still, you should speak to your manager, and try and negotiate a better deal. Also be clear with him when you expect to get the time paid out.

Also, is he making you work O/T and demanding the hours be banked because the company is in financial hardship? If that is the case, I would, if I were you, cover my butt and agree to work the O/T but only if you get paid out for it in full in the pay periods you earned it. You'll pay more taxes but at least you'll be sure you got paid accordingly for it.

--

And NO, he can only bank your OT he can't bank your regular hours or withhold ANY pay from you with out your express written consent.

[skiiipi]

As far as i know
Management is one that has influence and the hiring and firing of another staff.
Thats one of the key definitions.
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[Yc]

well, does banking go both ways or just one way?

in this case they treat me like i owe them the hours because they werent able to give me work because of sth stupid my manager did which cause a delay in one of our operations

[TheNewGirl]

I want to make sure I'm understanding, he wants you to take time off with pay this month and then work it next month as O/T? Sort of like a forward bank?

Or is it time off without pay?

[Yc]

Originally Posted by TheNewGirl

--

And NO, he can only bank your OT he can't bank your regular hours or withhold ANY pay from you with out your express written consent.

does that mean if i agree to it he can bank my regular hours?

it's a fairly small company and its in the grey area where i can't just tell them to screw off; so i am willing to let the written consent go if its actually legal to do so to bank my regular hours

[Yc]

Originally Posted by TheNewGirl

I want to make sure I'm understanding, he wants you to take time off with pay this month and then work it next month as O/T? Sort of like a forward bank?

Or is it time off without pay?

yups, thats what he wants, like bank my regular hours and use it. The decision is made without letting me know ahead of time

[TheNewGirl]

If you're getting a week off with pay say, then that would = 30 over time hours that you would have to work.

If you agree to it then that's fine. It's kinda messy, and hard to manage, I wouldn't allow it in my payroll but hey if he wants to give you some paid time off and you're okay with making it up in OT later that's between you two.

If he wants you to take UNPAID time off now and work the OT at your regular wage later, that's illegal.

[skiiipi]

But based on my understanding
OP is getting paid time off now (ie 40hrs off)
But will have to make up those 40hours as UNPAID hourse ontop of his regular hours in the future.
I would negociate with your boss to just take a week of paid holiday pay instead.
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[Yc]

what skiiipi said is right

i am just wondering if its legal to do so

if its in the grey area, i am just gonna let go; i will give my 2 weeks notice onice i use up the bank hours

[Yc]

thanks newgirl