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Hurk
Mar 17th, 2005, 05:06 PM
I work Sunday from 3:15pm to Midnight, and start a new shift Monday at 6am. I work until 2:45pm that shift.

They are going to give me 8 hours between my shifts, but I thought it was 11 hours.

Any information would be great.

What hours free from work are domestic workers entitled to?
Most employees, including domestic workers, are entitled to a certain number of hours free from having to work.

Daily
An employee must receive at least 11 consecutive hours off work each day.

This employment standard cannot be altered by a written agreement between the employer and employee. It applies even if:

the employer and the employee have agreed in writing that the employee will work excess daily hours, or
the employer has established a regular work day that is longer than eight hours.

However, this rule doesn’t apply to employees who are on call and are called in during a period when they wouldn’t normally be working.

Between shifts
Employees must receive at least eight hours off work between shifts.

This requirement doesn’t apply if the total time worked on both shifts is not more than 13 hours. For example, a domestic worker working a split shift or back-to-back shifts in a home wouldn’t need to receive eight hours off between shifts as long as the total time worked on the two shifts did not exceed 13 hours.

An employer and employee can also agree in writing that the employee will receive less than eight hours off work between shifts.

Hurk
Mar 17th, 2005, 05:10 PM
A co-worker of mine is in the same situation, and went to HR. The HR representitive was unaware of any law, and when she read the website she make up that only one (1) of the criteria must be met.

Why have both sections?

GreenWeenie
Mar 17th, 2005, 05:51 PM
Call them up. You can explain your specifics to them, and they should be able to give you a clear interpretation of the applicable rules. They've always been extremely helpfull when I've had questions.

Employment Standards Information Centre
416-326-7160
1-800-531-5551

Hurk
Mar 17th, 2005, 06:05 PM
Call them up. You can explain your specifics to them, and they should be able to give you a clear interpretation of the applicable rules. They've always been extremely helpfull when I've had questions.

Employment Standards Information Centre
416-326-7160
1-800-531-5551

They were closed at time of posting. I will call tomorrow if I can't find the answer tonight.

Help is up for grabs!

heavensangel09
Mar 17th, 2005, 06:23 PM
Just went on line to find out for you and it was at least 11 hours in between each shift. So you should really tell your job that they can't make you work.

Hurk
Mar 17th, 2005, 06:32 PM
Just went on line to find out for you and it was at least 11 hours in between each shift. So you should really tell your job that they can't make you work.

What about the statement above? My friend went to HR and they said only one of the two need to be satisfied.

Do you have a link I can show them?

Hellfire
Mar 17th, 2005, 06:45 PM
I work Sunday from 3:15pm to Midnight, and start a new shift Monday at 6am. I work until 2:45pm that shift.

They are going to give me 8 hours between my shifts, but I thought it was 11 hours.

Any information would be great.

For Sun - Mon you should get 8 hours. You only have 6. Eight hours of rest is all they need to give you.

Hurk
Mar 17th, 2005, 06:50 PM
For Sun - Mon you should get 8 hours. You only have 6. Eight hours of rest is all they need to give you.

If at 10pm I fall asleep at my desk and wake up at my desk at 6am and start working, I get 8 hours of rest. Otherwise, I have to get up, drive home, get ready for bed, go to bed, wake up, get ready for work, go to work, and start working. All the while trying to find some food.

heavensangel09
Mar 17th, 2005, 06:51 PM
Here is the site for you. It's the Ontario ministry of Labour
www.gov.on.ca/LAB/english.

Once in go to Employment Standards and it's near the bottom.
Employees must receive at least eight hours off work between shifts.

This employment standard doesn’t apply if the total time worked on both shifts isn’t more than 13 hours. For example, someone working a split shift in a restaurant wouldn’t need to take eight hours off between shifts as long as the total time worked on the two shifts wasn’t more than 13 hours, subject to the daily rest requirement of at least 11 consecutive hours.

An employer and employee can also agree in writing that the employee will receive fewer than eight hours off work between shifts, subject to the daily 11 consecutive hours of rest requirement.

Sorry my bad