Overtime is common in many workplaces, yet employees and employers frequently question what is legal and what is not. In Ontario, the regulations regarding overtime are outlined in the Employment Standards Act (ESA), which offers clear guidelines on when overtime is necessary, the amount you can be asked to work, and your rights if you refuse. This blog explores what you need to know about working overtime.
General Right to Refuse Overtime
In Ontario, your employer cannot force you to work overtime beyond your regular hours unless your employment contract explicitly specifies it or you have a history of accepting overtime in the past. Even in those cases, you can refuse overtime in certain circumstances, especially if it interferes with family responsibilities or other protected needs.
For federally regulated employees, you can refuse overtime due to family responsibilities related to the health, care, or education of a family member under 18, assuming you have taken steps to address these responsibilities in other ways first.
When Refusal Is Not Protected
Contractual or Past Practice Obligation: If your employment contract requires overtime, refusing may be considered insubordination. In such cases, your employer may have grounds to terminate your employment, but this would typically be done “without cause,” entitling you to severance.
Emergencies and Exceptional Circumstances: You cannot refuse overtime if it is necessary to address emergencies or situations that threaten life, health, safety, property, or the regular operation of the business. Refusal can result in discipline or termination.
What If My Employer Asks Me to Work Overtime?
If your employer asks you to work overtime, you are generally entitled to overtime pay if you have worked over 44 hours in a week.
In Ontario, overtime pay is 1.5 times your regular hourly rate for each hour worked beyond 44 hours in a week. Some employers may require you to receive approval before working overtime. Even if you did not receive approval, you must still be paid for the overtime hours you worked.
If you are being asked to work overtime regularly, your employer must keep accurate records of your hours, and you have the right to request these records if you believe you are not being adequately compensated.
Can I Get Fired for Refusing Overtime?
If your contract or past practice does not require you to work overtime, and you refuse, your employer cannot discipline or terminate you for cause. If you are terminated for refusing overtime in these situations, it is considered a termination without cause, and you are entitled to full severance pay.
However, if your contract clearly states that overtime is a requirement, or if you have consistently accepted overtime in the past, refusing may be grounds for termination without cause (but not for cause), meaning you would still be entitled to severance.
Excess Hours of Work: Agreements and Limits
Daily Limit: Most employees cannot be required to work more than 8 hours a day, or the number of hours in their established regular workday if it is longer than 8 hours.
Weekly Limit: An employee may work a maximum of 48 hours per week.
These limits can only be exceeded if there is a written or electronic agreement between you and your employer. Even with such an agreement, you cannot be forced to work more than the hours specified in the agreement, and you can terminate the agreement by providing two weeks’ written notice.
Rest Periods
Employers must provide at least 11 consecutive hours off work each day, at least 8 hours between shifts (unless the total time on successive shifts does not exceed 13 hours), and at least 24 consecutive hours off every workweek or 48 hours off in two consecutive workweeks.
Emergencies and Exceptions
There are exceptions to these rules in cases of emergencies, urgent repairs, or unforeseen circumstances that threaten the operation of the business or public safety.
What Should You Do If You’re Not Getting Paid for Overtime?
If you believe you are owed overtime pay, you should first raise the issue with your employer. If the problem is not resolved, you can file a complaint with the Ministry of Labour, which can help enforce your rights and recover unpaid wages for up to two years. For claims older than two years, you may need to pursue legal action in court.
Conclusion
Your employer can ask you to work overtime, but you generally have the right to refuse unless your contract or past practice says otherwise. You cannot be forced to work more than 8 hours a day or 48 hours a week without a written agreement. Overtime pay is mandatory for hours worked over 44 in a week, at 1.5 times your regular rate. If you refuse overtime and are terminated, you are entitled to severance unless your contract specifically requires overtime.
If you have concerns about overtime or your rights, we encourage you to reach out to employment lawyers, Sultan Lawyers, online or by telephone at 647-952-9353 today.
Your Case: Our Priority.
At Sultan Lawyers PC, we are the only firm specializing exclusively in employment and immigration law. Whether your case is straightforward or complex, we have the experience and commitment to achieve the best possible outcome. Trust us to navigate the toughest challenges with you.
