As an employee in Ontario, you may be required to work additional hours from time to time. However, it’s important to understand your rights and obligations when it comes to excess hours agreements.
An excess hours agreement is a written agreement between an employer and employee that allows the employee to work more than the standard hours of work prescribed under the Employment Standards Act, 2000 (ESA). This agreement must be signed voluntarily by the employee and cannot be forced upon them.
It’s important to note that excess hours agreements are not the same as overtime. Overtime is paid at a rate of 1.5 times the employee’s regular rate of pay for any hours worked over 44 hours a week. Excess hours, on the other hand, are typically paid at the employee’s regular rate of pay.
Under the ESA, an employee cannot be required to work more than 48 hours a week, unless they have signed an excess hours agreement. Even with an agreement, an employee cannot work more than 60 hours a week.
An excess hours agreement must be in writing and include the number of excess hours that the employee is agreeing to work, the rate of pay for those hours, and the period of time during which the agreement is in effect. The agreement must also state that the employee may revoke it at any time by giving written notice to their employer.
It’s important for both employers and employees to understand their rights and obligations under an excess hours agreement. Employers cannot force employees to sign such an agreement, and employees should not feel pressured to do so. If you have concerns about your employer’s request for an excess hours agreement, it’s important to seek advice from a trusted legal professional.
In conclusion, if you are an employee in Ontario who has been asked to sign an excess hours agreement, it’s important to understand your rights and obligations. Make sure you read the agreement carefully and seek legal advice if you have any concerns. Remember, you should never feel pressured to sign an agreement that you are not comfortable with.
