WARNING!! MANAGERS FORCE EMPLOYEES TO DO MANDATOR OVERTIME
Under the Act respecting labour standards,
YOU CAN REFUSE IF :
- You are required to work more than 2 hours beyond your usual hours OR more than 14 hours in any 24-hour period, whichever is shorter;
- You are required to work more than 50 hours a week (unless the hours of work are staggered);
- If you have good reason to believe that the requested work has potential danger for your health, safety or physical integrity or can expose another person to a similar danger (the employee must demonstrate that there is a real danger and not just risk);
- When you have medical conditions that prevent you from mandatory overtime (a medical certificate will be requested and the employee can request a reassessment of this physical condition at any time, unless the diagnosis is permanent);
- When your presence is necessary to fulfill obligations related to the care, health or education of a member of your family. However, you must demonstrate that you have taken reasonable measures to assume otherwise your family obligations and you cannot refuse systematically. The employee has an obligation to find means, but no results.
YOU CANNOT REFUSE MANDATORY OVERTIME:
- In case of danger to life, health or safety of the employees or the population;
- In case of risk of destruction or serious deterioration of property or buildings, or any other case of major force;
- If this refusal goes against your code of ethics.
The employer has the right to impose 2 hours of mandatory overtime only if he has covered all his other resources.
The employer may require mandatory overtime if he judges that the users are in real danger and not only if he believes that there is a risk for users.
When the employer imposes mandatory overtime, it’s important to mention immediately, before the mandatory overtime or at the beginning of it, that you will not do more than 2 hours.
You must agree to a 2 hours mandatory overtime, but if you think that there was no real danger for users or a case of force majeure or that the employer didn’t go around his resources to avoid the mandatory overtime, you can grieve to claim damages.
Finally, can you refuse to do mandatory overtime?
There is no single answer to this question. Each situation must be analyzed on a case by case basis.
Be vigilant and ask your union if you have questions!
– Your union
