labour standards

[caesar]

There does seem to be an attempt by many employers/ organizations to destroy or remove our labour standardss. I work in the downtown area in an office tower complex. Two large corporations that control and own many towers tried to push small business owners to forego the extra days off to compensate employees for Christmas and boxing day. Another smaller Calgary based business owner whose stores are not usually open on the weekends; informed his employees that they would not be paid for Christmas or New years as they fell on the weekend.

From talking to immigrant employees working for immigrant employers down town; I have found that most do not pay holiday pay, over time, nor for statutory holidays. Some work under the table and do not pay taxes, EI, or CPP. This is unfair to the employees and other businesses that observe the labour laws. Why are there not more inspectors enforcing our local legal labour stands?????

We have won this round this year for the days off but is this a growing trend????

[Choke]

I think it's inevitable since workers are now too apathetic to do anything about it. It'll have to get pretty extreme before anything gets done, IMO.

[caesar]

What nonsense. Everyone including employers were calling labour relations to get a ruling. In this case; it would not help the employer. He would be paying for employees to sit and do nothing and it would create unhappiness in the workplace. A happy employee is a more productive employee.

As for the immigrants; why they don't complain is not clear but probably it is because they don't declare the income nor pay taxes. They do know of these rights and insist on them when employed by a "Canadian" employer. Their words. All taxpayers are being ripped off by these employer/employees not paying their fair share of taxes.

[theloniusfleabag]

Dear caesar,

I am a small business owner in Calgary. I have to keep on top of these guidelines and rules because they are set by the gov't. For instance, in Alberta, for the Remembrance Day holiday, an employer can ask a worker to work this day, and can refuse to pay it as a 'stat' if the worker refuses to work it. I disagree with the Remembrance Day policy as it stands, and gave my employee the day off with pay.

The worker must also work both the day before, and the day after, a stat holiday to get paid for it. This is to ensure some workers don't turn stat holidays which fall on Mondays, Thursdays or Fridays into extra-long weekends(with partial pay), because some of them will.

A happy employee is a more productive employee.

I totally agree, and we have instituted a 'profit-sharing' pay system, which combines a low hourly wage with a 'bonus-system' which increases incrementally according to how busy we are.

[caesar]

theloniusfleabag; You sound like a smart employer. I hope you also recognize the better more productive worker.

I was reading the rules; and yes an employer can ask an employee to work the holiday and either pay him for the day twice or offer an alternative day off. Some businesses do need to require people to work. Security, some restaurants, etc; so I can understand that. I did work in an industry that needed people to work on holidays; we gave those with families Christmas off and the others got New Years off. Then either another day later on or an extra days pay for the stat that they had to work. Another way, would be to ask a non Christian worker to work the religious holiday and offer them a day that fits with their beliefs. Chines workers may prefer a day of for their New Years or Jewish employee may like a day off during Hannekah (must learn to spell that work right)

[Choke]

When I employed people, it was mostly casual labour, but if they didn't come when I called, no matter the day or time, they didn't get called again. On the other hand, I would pay for expenses, then divide the profits equally between me and the people working for me. I think if employees want better standards, they should do the same thing, organize and work together as equal partners, paying for expenses and splitting profits. This is working right now in Argentina, it could work here as well, if people were willing to try it.

[caesar]

When I employed people, it was mostly casual labour, but if they didn't come when I called, no matter the day or time, they didn't get called again.

How arrogant can you be. People have lives. I am sure it was casual labour; something like delivery flyers. One would have to be very desperate to work for someone with your attitude.

[Choke]

It was building maintenance and janitorial stuff. People who want to work need to adapt their schedule to do so. I'll say it again, if workers want better standards they should create them...it is a viable, democratic way to run a business.

[shackwacky]

The worker must also work both the day before, and the day after, a stat holiday to get paid for it. This is to ensure some workers don't turn stat holidays which fall on Mondays, Thursdays or Fridays into extra-long weekends(with partial pay), because some of them will.

Are you sure?

Eligible employees are those who have:

worked for the employer for at least 30 working days or shifts in the year before the general holiday,

worked their last scheduled shift before, and the first scheduled shift after, the holiday (employees will remain eligible if they have the employer's permission to be absent for either or both of these shifts), and

not refused to work on the general holiday when asked to do so.

So, unless the worker was scheduled to work the shift before and the shift after, you still need to pay them for it. This is to ensure that some unscrupulous employers will not try to get out of paying the stat just because they are not open for business on Sundays and therefore are not scheduling a "shift" on those days.

And, some of them will.

[Slavik44]

When I employed people, it was mostly casual labour, but if they didn't come when I called, no matter the day or time, they didn't get called again.

man, your attitude reminds me so much of the last place I used to work at; no overtime pay, work schedule changed with out notice, expected to work overtime even if you were not able to do so, getting a pay check from them for the proper amount took more time then the hours you put in working for the people, and they don't have the decency to tell you that your fired until after you have come in early, at their request from the previous day. Obviously people have different perspectives on

things but I found it hard to get my head that far up my ass to see things from my boss's point of view.

[caesar]

You sure got it right Slavik. Choke sounds like a lazy arrogant unorganized boss. Make a schedule up in advance and allow people time to organize their off work obligations. What a sweetheart.

Sometimes I had to ASK people if they could come in on short notice when an employee was ill or something but I certainly would never hold it against them if they had other obligations. Geesh.

[theloniusfleabag]

Dear shackwacky,

So, unless the worker was scheduled to work the shift before and the shift after, you still need to pay them for it. This is to ensure that some unscrupulous employers will not try to get out of paying the stat just because they are not open for business on Sundays and therefore are not scheduling a "shift" on those days.

As I understand it, it is the employee's next scheduled shift, not the employer's that is important. Therefore, if the holiday falls on a Friday, the employee must show up both the Thurs. and the Monday (if they were scheduled thusly).

But, you are correct, it is the next scheduled shift obligation that must be met, not the next day of the week.