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Kingpin665
Brantford
1 Posts |
 Posted - 11/05/2009 : 11:58:49
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Yesterday (Nov 4/09) the property manager at my place of employment requested/instructed that from then on that I take our cordless phone wile at work into the washroom with me so that I may answer phone calls from customers. Not only did I refuse to answer any calls wile in the washroom but even take the phone in with me. I was blown away that such a request was made of me, and I decided to look into my rights as far as washroom breaks go. Now through my research and having called the Labour Board there are no laws about using the washroom at work.
Now what I'm asking is help finding information on what my basic human rights are wile in the washroom. Most questions asked online that I've found revolved around the limit to when one can and how long they can use the washroom, I want to know when that door closes would an employer or anyone be able to tell me what I can and cannot do wile in there. Do I have a legal leg to stand on when I out right refuse to answer the phone and conduct business wile still on the clock at work wile I'm in the washroom?
http://www.settlement.org/discuss/topic.asp?TOPIC_ID=7355
That link is to another thread about using the washroom at work but didn't really help me that much, just thought I'd post it so help cut down on reosted information.
Thanks for any help you can give.
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WindsorLive
Windsor
8 Posts |
Posted - 11/06/2009 : 13:15:54
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From what I understand, your washroom break is paid , so I think your employer has right to request you to take your work with you. If your break or lunch is unpaid, I think it would be diffrent case
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Zhu
Ottawa
62 Posts |
Posted - 11/07/2009 : 00:03:48
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Your manager is crazy.
That said, to my surprise, the Ontario ministry of labour states the following:
Eating Periods and Breaks
Employers are required to provide eating periods to employees, but they are not required to provide other types of breaks.
Eating Periods
An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee agree, the eating period can be split into two eating periods within every five consecutive hours. Together these must total at least 30 minutes. This agreement can be oral or in writing.
Meal breaks are unpaid unless the employee's employment contract requires payment. Even if the employer pays for meal breaks, the employee must be free from work in order for the time to be considered a meal break.
Meal breaks, whether paid or unpaid, are not considered hours of work, and are not counted toward overtime.
Coffee Breaks and Breaks Other Than Eating Periods
Employers are required to provide employees with eating periods as described above. Employers do not have to give employees “coffee” breaks or any other kind of break.
Employees who are required to remain at the workplace during a coffee break or breaks other than eating periods must be paid at least the minimum wage for that time. If an employee is free to leave the workplace, the employer does not have to pay for the time.
(http://www.labour.gov.on.ca/english/es/pubs/guide/hours.php)
Of all the jobs I had (and some were quite s***ty when I first came to Canada!) I have always been given 15 min. break x 2 in an 8 hours day, hence my surprise.
Sorry I can't help more, have a look into the Ministry's website maybe. Or start looking for another job... I mean, this is the craziest thing I have ever heard!
www.correresmidestino.com
Correr Es Mi Destino - My new life in Canada under the snow!
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Site Staff
Ontario
258 Posts |
Posted - 11/10/2009 : 16:10:15
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Hello,
Thanks for sharing your question, Kingpin665. This is an interesting situation - I don't think we've ever had this question before.
You might also want to get legal advice from a Community Legal Clinic (CLC). A CLC can give you more details about your specific situation.
Your user profile says that you are in Brantford. You can search for a CLC in Brantford here:
Legal Aid & Community Legal Clinics - Brantford
Services Near Me - Community Legal Clinics in or near Brantford
I hope this helps. If you have more questions or any updates, we hope you will post them here.
Thanks,
Bonnie
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Settlement.Org Staff
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