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Banked overtime hours in Canada
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Jaydublin Offline
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Banked overtime hours in Canada
Any Canadians able to help me out? I am about to start working for a Canadian company and they are wanting me to bank my overtime hours. Seems like a complete rip off to me. Can anyone explain their experiences? I'm trying to do the research but can only find information on Ontario so far but I have a feeling its a national thing. As an America this is new to me

According to the information below it doesn't sound bad but my company doesn't seem to want to recognize any of this. Maybe the recruiter just doesn't know any better

http://www.labour.gov.on.ca/english/es/p...ertime.php

"Agreements for Paid Time Off Instead of Overtime Pay

An employee and an employer can agree in writing that the employee will receive paid time off work instead of overtime pay. This is sometimes called "banked" time or "time off in lieu."

If an employee has agreed to bank overtime hours, he or she must be given 1½ hours of paid time off work for each hour of overtime worked.

Paid time off must be taken within three months of the week in which the overtime was earned or, if the employee agrees in writing, it can be taken within 12 months.

If an employee's job ends before he or she has taken the paid time off, the employee must receive overtime pay. This must be paid no later than seven days after the date the employment ended or on what would have been the employee's next pay day."
07-03-2013 03:26 PM
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JayRock604 Offline
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Post: #2
RE: Banked overtime hours in Canada
I had a company do this, it sounded bad but I quite enjoyed taking extra long weekends with holidays and such. Just watch out, some companies like to only give you the actual time off rather then the 1 1/2. You should always keep track of your hours anyways, some real penny pinchers out here in upper management positions. I had one shit-hole company that demanded you work 10 hours a day and not pay your OT. But I had kept track of my hours and what days, took it to the labour board and got a juicy cheque when I left. Of course, I can never use them as a reference now, oh well. Welcome to Canada though brosef Smile
07-03-2013 03:43 PM
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TheSlayer Offline
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Post: #3
RE: Banked overtime hours in Canada
The main difference is if you are a salaried employee or if you get paid by the hour. From your description it sounds like you are getting paid an hourly rate. Typically, if you are a salaried employee, you don't get the benefit of overtime in terms of pay and/or bankable hours. You work the extra hours for nothing once you are on a salary.

In my previous two jobs, I was working on an hourly rate and overtime was strictly monitored. Any overtime had to be approved by the manager. Both of the companies just paid you for straight-up for overtime but hated doing so, as a result overtime was hard to get.

If your company doesn't pay you the 1.5x pay then they have to follow the bankable hours rule. This is Ontario and while there are shady companies everywhere for the most part you should be able to get one of the two.

I would also not rely on the recruiter and talk to the actual HR department or your manager once you start. They should be able to explain their policy on overtime more accurately and what you are supposed to get for it.
07-03-2013 03:52 PM
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Jaydublin Offline
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RE: Banked overtime hours in Canada
The company is in Montreal but the only information I could find online was that Ontario site so it likely doesn't apply unless these are national laws. They are offering the banked hours but no mention of 1.5 banked hours per hour of overtime worked.

Shit is stressing me out. It was kinda last minute and because I'm from the US I have never heard of this. Looks like I will have to see a lawyer at some point if overtime is worked.
(This post was last modified: 07-03-2013 04:14 PM by Jaydublin.)
07-03-2013 04:11 PM
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TheSlayer Offline
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RE: Banked overtime hours in Canada
No need to stress man, if they are already offering you bankable hours I am sure they will give you whatever the laws in Quebec state. Have you actually talked to your manager or an HR rep? I wouldn't worry too much especially if it is a well-known company.
07-03-2013 04:42 PM
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Burdflu Offline
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Post: #6
RE: Banked overtime hours in Canada
I work at a hospital in Ontario and often bank any extra hours I work. We do get the choice to bank or take the cash though. Sounds like they want to try to save some loot. Quebec should have a provincial website with the laws posted I would think. Enjoy Canuckdada sir.
07-03-2013 04:55 PM
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Jaydublin Offline
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RE: Banked overtime hours in Canada
Most people there have extremely strong French accents, The lady I'm dealing with usually doesn't recruit but I asked for her to help since she speaks fluent English(the others are fluent but I'm unfamiliar with French accents)... I'm really not sure if it's because its mainly a French company with a Canadian sister company or if in Quebec French is the 1st language. I only knew it was widely spoken in Canada but not what provinces.
07-03-2013 05:21 PM
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Last Parade Offline
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RE: Banked overtime hours in Canada
The rules would vary based on jurisdiction, so if you're working in Montreal, then you would be subject to the employment standards laws in Quebec, not Ontario. If the company was a federal institution (e.g. bank) then it would be subject to the Canada Labour Code. I forget what else is "federal" but most things are provincial, so, that's what there is.

I've got a couple of links, and they seem legit as they're the Govt of Quebec website:

http://www.cnt.gouv.qc.ca/en/wages-pay-a...html#c5995 - summary of the rules in Quebec; note the "Exceptions" list at the bottom, do you fall into any of those?

http://www.cnt.gouv.qc.ca/en/wages-pay-a...index.html - "The hours can be added to a time bank only if you request it. In each case, for each additional hour worked, the employer must add 1 and ½ hours to the bank." If that's the case, it sounds like your concerns are warranted and you can refuse to bank them & get paid instead.


Uh, I just read your last post - you didn't know French is the dominant language in Quebec? You're in for a rude awakening. Hopefully you're moving to Montreal and can stick to the English parts of town because it's going to be rough otherwise...
(This post was last modified: 07-03-2013 05:46 PM by Last Parade.)
07-03-2013 05:32 PM
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iknowexactly Offline
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Post: #9
RE: Banked overtime hours in Canada
In the US, lawyers will often talk to you briefly for low or no cost.

Make sure everything is in writing, and that the company is solvent and has been around a while.

IF they hesitate for a second about it being in writing I would not accept.

Make SURE you keep records of all time sheets, hopefully they are signed by a supervisor.

Take photos of the time sheets and send them to your google. account "savestuff<somename>@gmail.com"

If you can put the money into a tax free acconut at the overtime rate like in the USA in a 401 K, that will help because you
have the money in your name and won't get killed on taxes and you're not trusting anyone to "give you money later".

Another idea: say you want to take the overtime pay as money for a couple months, if they're legit they'll do it, then you can change later if you want.
(This post was last modified: 07-03-2013 05:48 PM by iknowexactly.)
07-03-2013 05:46 PM
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Jaydublin Offline
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Post: #10
RE: Banked overtime hours in Canada
On the mobile now but I'm being hired as a consultant until my work visa is approved and will be working in Mexico. The contract states that the hours will be banked. Apparently this company does not pay overtime which is why they put it in the contract. I'll check tHe links out later, glad to see ill get 1.5 hrs per hour which is basically like being paid overtime. I'll definitely be getting in touch with a lawyer in Canada should I start banking hours.

Thanks a ton for the help. I may have more to add once I get home on a CPU
07-03-2013 06:47 PM
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Jaydublin Offline
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Post: #11
RE: Banked overtime hours in Canada
Everything I read on the overtime banking says "at the employees request" I assume this company just writes their contracts a certain way so you either agree to this stipulation or you don't work for them. By signing it you are basically requesting the banking of overtime? They have made it clear to me that they don't pay overtime. In my career field(if you work contracts) you end up in situations somewhat similar to this I guess but Its a different country so this is a bit extreme.
(This post was last modified: 07-03-2013 07:21 PM by Jaydublin.)
07-03-2013 07:20 PM
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Burdflu Offline
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Post: #12
RE: Banked overtime hours in Canada
I work at a hospital in Ontario and often bank any extra hours I work. We do get the choice to bank or take the cash though. Sounds like they want to try to save some loot. Quebec should have a provincial website with the laws posted I would think. Enjoy Canuckdada sir.
07-03-2013 07:36 PM
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