I work at a bistro that stays open late certain nights of the week. 99% of the time I get the closing 12:30-8:30pm shift. I`m lucky I`m out of there at 8:30, usually it`s 9 or later. Now my employer has started scheduling me for 12-8. Is this legal. Can they do this when they see my time card week to week and know that it`s very difficult to finish all the chores before 8:30. (Don`t know if this matters, but my job description is front staff, so me closing involves cleaning, restocking and putting away various things. Oh and I`m employed BC) Any help or advice is greatly appreciated!
The Canada Labour code says that if your employer has defined your normal working hours as 12-8 he has to pay you your normal wage for those hours if however you remain after 8pm to work he must pay you time and a half or your normal wage say 10 per hour plus an additional 5. per hour for each hour worked or part thereof. that is stated in section 174(32) of the labour code. so by your employer cutting back your hours thinking you will work for free to close up he is mistaken and it will cost him more than if he just extended the hours you should work. There are no specific restrictions regarding the number of hours you work each week as long as you get your breaks, lunches, dinner time off and at-least 1 day per week for rest.
Source(s):
Canada Labour Code
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