Dashie

Bit annoying really. The place hubby works have decided they're not going to open on New Year's Eve. They announced it this week, no issue for salaried staff, hourly staff can either take a vacation day if they have one left or will be taking it unpaid. Awesome considering they've been low on work and asked everyone to take any remaining vacation days... This is also the first year they've done this, so nobody would have been saving a day for the last day of the year. Needless to say the salaried staff think it's great, but the hourly staff do not. Anyone know the legalities around this?

scrubbedexpat091

Suppose it will depend on province to know specifics.

However I am not sure employees have any leg to stand on about this, if the company isn't going to be open and they are hourly, they can't expect to be paid.

My GF's employer has decided to close on boxing day and Christmas Eve this year, last year they didn't, but this year they changed their hours.

Steve_

Which province are you in? Depends on the employment standards code and also what was agreed in the contract of employment.

Dashie

Ontario. No idea about contracts. I expect they can't do anything, and likely wouldn't even if they could, I'm just curious really. Seems a shitty way to treat employees.

MillieF

Canada generally treats it's employees in a shitty way

rivingtonpike

That's the truth!

beckiwoo

I've been told Boxing Day isn't a stat in BC. My place is a 24/7 365 community home but they say the stat is Remembrance Day and not Boxing Day....

Alan2005

Boxing day isn't a stat in BC. Plenty of companies honour it though.

scrubbedexpat091

No its not a stat and didn't mean to imply it was, but a lot of companies do close on boxing day, or may decide to stay open where they previously closed.

I've only worked in hotels and airlines and neither give holidays off, holiday pay of course on stat holidays, but only way to get a holiday off is to have it fall on regular days off.

Only benefit from holidays I see is extra pay, but even then it's not much, so no real benefit to the employee in those industries that operate 24/7.

Just for reference BC stat holidays are:

The ten statutory holidays in British Columbia are:

New Years Day
Family Day
Good Friday
Victoria Day
Canada Day
B.C. Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day


All my employment agreements (I would not call them contracts really either) are so vague the agreement allows the employer to change anything at will as long as it's within the law, not worth the paper they print it on.

beckiwoo

Happy to work it but was hoping to get the time and a half + to bank the stat (which my company do) as it isn't a stat it's normal pay. Good job I'm working Xmas day and New Year's Day then

haggis88

My company is based out of Tampa, FL

huge fight to get them to recognise anything Canadian, they don't understand what goes on up here - they tried to offer us the American stat days (not that many) and eventually agreed on the stat days of the province you reside in

tried to offer us the same wages as the employees in the states and also the same per diem allowance - its okay in the states when gas is $2.50 a gallon and you can get a meal at a restaurant for less than $40

Atlantic Xpat

We're all getting Chrimbo Eve as an extra paid day off. The organisation is entirely salaried as opposed to hourly paid. The only folks that will lose out are those working for temp agencies. Even if we were working as a caring boss, I usually send my folks home at lunchtime. Not a lot happens on Christmas eve anyway.

Zoe Bell

this is one time of year where I am truly grateful for where i work. I get from December 23 - jan 2 off without having to take any vacation days

judicious use of lieutime and vacation days means that this year I get from dec 19 to Jan 5 off and it only costs me one day vacation

scrubbedexpat091

There are 10 federally recognized holidays in the US. There are 10 stat holidays in BC, so the US isn't really behind compared to where I am.

Not sure how many stat holidays other provinces have.

Alberta only appears to have 9.

General Holidays and General Holiday Pay

Biggest difference in the US is most states don't have rules that an employer must close or otherwise give employees those holidays off, and most likely don't require holiday pay although good companies will voluntarily pay it out.

Aviator

Employment standards won't cover this in any province for one day. An employer can phone an employee in the morning and tell them not to come in that day and has no obligation to pay them. If an employee has a contract of employment, it may be written or verbal (written is easier to prove), this may determine what an employee is due. If there is no contract, not much you can do, other than find another job.

The situation is complicated by 'salaried' employees being paid for the day off. However suing an employer over a day is not worth the effort. One could try and appeal to their better nature, or enjoy the day off.