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Can a company force a worker to work a holiday shift?
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Mac Enthusiast
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Jun 9, 2005, 01:15 AM
 
Just curious. My friend is classed as "temporary part time" at his job and his employer forced him to work a statutory holiday shift and did not notify him of it. He only found out because he rechecked the schedule a few days prior to that shift. He complained but they were adamant that he come in and work. Can a company do that to an part-time employee legally?
     
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Jun 9, 2005, 05:16 AM
 
in a retail environment you have to pretty much work what they tell you to work unless you have made prior arrangements with them, otherwise you give them grounds to fire you...


I work retail and that is just my personal understanding of it.

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Jun 9, 2005, 05:41 AM
 
Do I have to work on a Statutory Holiday if my employer asks me to?
Yes, very few jurisdictions allow employees to refuse to work on a public holiday if their employer requests that they do so. One example of a law that gives some employees the right to refuse to work on a statutory holiday is the Newfoundland Labour Standards Act, which says, "an employer shall not require an employee to work under a contract of service on a public holiday".
From here: http://www.workrights.ca/NR/exeres/7...,frameless.htm

It's a canadian website so I suppose that what they say apply to your friend.

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Jun 9, 2005, 05:41 AM
 
I would think so, as long as they give holiday pay (usually time and half in many places) or another day off in lieu.

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Jun 9, 2005, 06:46 AM
 
Originally Posted by Randman
I would think so, as long as they give holiday pay (usually time and half in many places) or another day off in lieu.
From the same site:
What should I be paid if I work on a statutory holiday?

Normally, you should be paid you regular daily wages, plus a premium of time and half for the hours worked on that day. In the federal jurisdiction, New Brunswick, and Ontario, employees who do not qualify for holiday pay must still be paid time and a half for all hours worked on a statutory holiday.

In some jurisdictions an employer may offer their employees another day off with pay instead of time and a half for working statutory holidays. In most jurisdictions where this is the case, the decision is at the discretion of the employer and the day off must be taken at a time mutually convenient to both the employer and the employee.

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Jun 9, 2005, 06:48 AM
 
Ugh, I have to work holidays usually.
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Jun 9, 2005, 11:05 AM
 
That has been going on for decades. A temporary worker is even more vulnerable. Everyone should have to work their fair share of holiday.

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Jun 9, 2005, 11:08 AM
 
I love being a government worker.

Everyday is a holiday!
     
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Jun 9, 2005, 11:10 AM
 
They either have to pay you more (time and a half) or they give you time off in lieu of (they have to give a day and a half off)

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Jun 9, 2005, 11:26 AM
 
Only if you are full time and here in the states that's anything over 36 consecutive hours a week.
     
   
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