Agreement to work excess hours

[_protege_]

I recently got a job that is salaried.

In my offer package, there was a sheet to be signed: "Agreement to work excess hours". The maximums were 12 hours a day and 60 hours/week.

The excess hours agreement would last for 3 years, and I could terminate the agreement with 2 weeks notice after I signed it.

I read the ministry of labour website regarding this, and it said that I do not have to sign this, and that if I don't want to work more than 48 hours a week I don't have to.

In the offer I was told my work hours were 8 30 to 5 30...

Now, do you think it would look bad to my boss or to HR if I don't sign it? Should I sign it?

[BornRuff]

I say you may as well just sign it. You can terminate the agreement latter if it causes problems. You obviously don't NEED to sign it, but causing problems over this now doesn't make the best first impression.

[cgtlky]

If you don't want to sign it there is no problem at all. But, in the future if you need more money and you ask your employer if you can work longer hours they can denied you that since you did not sign the agreement. The agreement is just to protect them as well as you in case they ask you to work longer hours and something happen to you at worksite they have prove that you agree with them to the offer of working longer hours.

[branat]

I think there is an exception for IT.

[CeoOfKFC]

I think there is an exception for IT.

Correct.

http://www.workrights.ca/content.php?doc=31&xwm=true

[molala]

they can't force you to work more than 48 hours if you don't want to...

my concern is, are you getting pay for those extra hours? if so, why not, even if you sign it, you can always say no...i highly doubt these agreements have any legal aspects to them...

[sillysimms]

Like previously mentioned you don't have to sign it. Under current legislation, you cannot work more than 48 hours in one week unless there is a voluntary consent agreement signed by the employee. The type of form you are talking about is often distributed to all employees by HR and kept on file for all employees that voluntarily sign it. You don't have to sign it. You will be paid overtime if you work overtime. (By legislation overtime pay is after 44 hours in Ontario - except for those groups of employees excluded from overtime eligibility - although some companies give overtime pay after less than 44. For example, at my company it is after 36 hours.)

You can work between 44 - 48 hours without signing the form, but you cannot work any more than 48 hours in one week without your signed consent. I signed the form in case I ever want to work overtime, I know I have the option. However, I often say no to overtime when offered and my company doesn't force me to work because I signed the form.

With the form, the company should also have given you (or told you where to find it) a copy of this:

http://www.labour.gov.on.ca/english/es/hours/info_hours.html

[nalababe]

Like previously mentioned you don't have to sign it. Under current legislation, you cannot work more than 48 hours in one week unless there is a voluntary consent agreement signed by the employee. The type of form you are talking about is often distributed to all employees by HR and kept on file for all employees that voluntarily sign it. You don't have to sign it. You will be paid overtime if you work overtime. (By legislation overtime pay is after 44 hours in Ontario - except for those groups of employees excluded from overtime eligibility - although some companies give overtime pay after less than 44. For example, at my company it is after 36 hours.)

You can work between 44 - 48 hours without signing the form, but you cannot work any more than 48 hours in one week without your signed consent. I signed the form in case I ever want to work overtime, I know I have the option. However, I often say no to overtime when offered and my company doesn't force me to work because I signed the form.

With the form, the company should also have given you (or told you where to find it) a copy of this:

http://www.labour.gov.on.ca/english/es/hours/info_hours.html

There are many ways that this type of clause can be incorporated. Right in my offer letter included a sentence where extra time and/or travel (including weekends) would be necessary.

From my Manager's POV, there will be some days where I have to work evenings or long hours (end of year for example). At other times, I can take a day off here or there, or if I want to be at my son's school picnic or volunteer in his class, no problem.

A good relationship is about give and take...this holds true for work as well.

[robman_rob]

Correct.

http://www.workrights.ca/content.php?doc=31&xwm=true

does this mean IT people can't work overtime?

[sillysimms]

does this mean IT people can't work overtime?

No, it just means they aren't covered by the minimum standards of the Employment Standards Act. See the chart on this link to see what industries and groups of employees are covered or not covered by different parts of the Act.

http://www.labour.gov.on.ca/english/es/factsheets/fs_covered.html

[CeoOfKFC]

does this mean IT people can't work overtime?

They can work OT. But in MOST cases they will not be paid for it since the employer does not legally have to. The only cases you'll get paid OT is if your billing a client at an hourly rate (consulting etc) in which they pay for the OT hours and not your employer.

[robman_rob]

They can work OT. But in MOST cases they will not be paid for it since the employer does not legally have to. The only cases you'll get paid OT is if your billing a client at an hourly rate (consulting etc) in which they pay for the OT hours and not your employer.

that sucks