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J.B. Clamence
Joined: 15 Jan 2003
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 Posted: Mon Oct 25, 2004 7:15 am Post subject: |
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| paperbag princess wrote: |
| i had a similar situation and i called MOL about it. the director is wrong. |
What do you mean by "similar"? How similar was it? Was it the same situation where there was a holiday, and you got paid your full monthly wage, but the school wouldn't give you overtime for the hours you would have worked but didn't, and the Ministry of Labor said that is wrong (and that's exactly how they understood it)? The reason I ask is because there is some gray area here, and so there can be many situations which are "similar" but not the same in terms of legality. |
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paperbag princess
Joined: 07 Mar 2004
Location: veggie hell
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| Posted: Mon Oct 25, 2004 6:25 pm Post subject: |
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it's bang-on similar. paid holidays count as regular hours, otherwise, they aren't paid holidays, then they're just days off.
why don't you call them yourself and see what they say? |
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paperbag princess
Joined: 07 Mar 2004
Location: veggie hell
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| Posted: Mon Oct 25, 2004 6:26 pm Post subject: |
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| if you need a definition of similar, it was last month and they refused to count any over time as we'd been given holidays. |
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Gord
Joined: 25 Feb 2003
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| Posted: Mon Oct 25, 2004 6:49 pm Post subject: |
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| paperbag princess wrote: |
| if you need a definition of similar, it was last month and they refused to count any over time as we'd been given holidays. |
Let's put this in hamburger terms. Let's say you work for me making hamburgers. Let's say I'm a cool boss and put you on salary for $2000 a month. In return, I ask that you make me 120 hamburgers a month. For every hamburger over 120, I will pay $20. I also ask that you don't work more than eight hours in a day, and that it takes about 50 minutes to make a hamburger. Super burgers they are! With the extra time during your shift, I ask you try to look busy in support of future burger making exercises.
120 hamburgers a month at five days a week with four weeks equals six a day. Not a bad deal, easy to handle and still comes with a low ceiling should I want more hamburgers or if there are more than 20 working days in a month.
Now let's say you get a day off. Great, you still get paid for it even though you didn't make any hambugrers. But you don't get credit for making any hamburgers because that's a performance bonus and has nothing (NOTHING!) to do with the wage for the time you are being paid.
Which is why there is confusion in this thread. "teaching hours" is nothing more than a time commited to doing something coupled with a performance bonus should more than X number of hours in a month be dedicated to doing such an activity. The actual salary is just for being there and is not dependant on what you are doing.
When one says that extra teaching hours is "overtime", it's not. It's a performance bonus.
Thus the mystery is solved. |
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the eye
Joined: 29 Jan 2004
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| Posted: Mon Oct 25, 2004 7:16 pm Post subject: |
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all fine and good, Gord. i agree with what you say here....
but what about this...
when i take a two week vacation, according to your explanation, my director is free to double up my hours of work for the remaining 2weeks of that month??
i missed teaching 60hours due to vacation....so i am responsible for them when i get back? |
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Gord
Joined: 25 Feb 2003
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| Posted: Mon Oct 25, 2004 8:04 pm Post subject: |
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| the eye wrote: |
but what about this...
when i take a two week vacation, according to your explanation, my director is free to double up my hours of work for the remaining 2weeks of that month??
i missed teaching 60hours due to vacation....so i am responsible for them when i get back? |
Actual overtime begins once eight hours a day has been met, or 44 hours a week.
So if your boss were to ram down 120 hours of teaching classes in two weeks, that would be 12 hours a day (assuming a five day work week), and not including any time between classes. The end result being that a person would be entitled to exceptional amounts of overtime pay. |
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tomwaits
Joined: 05 Feb 2003
Location: PC Bong
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| Posted: Mon Oct 25, 2004 8:24 pm Post subject: |
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Sounds more like Ontario law. (not saying it's wrong though.)
What if the contrat says 120 hours and mentions nothing about how many per day or week? You could do them all in a week. |
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phaedrus
Joined: 13 Nov 2003
Location: I'm comin' to get ya.
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| Posted: Tue Oct 26, 2004 3:01 am Post subject: |
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| Gord wrote: |
| the eye wrote: |
but what about this...
when i take a two week vacation, according to your explanation, my director is free to double up my hours of work for the remaining 2weeks of that month??
i missed teaching 60hours due to vacation....so i am responsible for them when i get back? |
Actual overtime begins once eight hours a day has been met, or 44 hours a week.
So if your boss were to ram down 120 hours of teaching classes in two weeks, that would be 12 hours a day (assuming a five day work week), and not including any time between classes. The end result being that a person would be entitled to exceptional amounts of overtime pay. |
What about prep time? Isn't that part of the salary?
8 hours teaching per day, multiplied by ten days, is 80 hours. This is twenty more than usual if you should do 120 per month. That is a lot of extra work considering prep time. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Oct 26, 2004 6:40 pm Post subject: lovely |
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It is nice that the labour board keeps being brought up in this post. But as we are all contracted employees unless the contract violates the labour laws the contract rules.
Tell your boss you want the labour board to come in and arbitrate the dispute. That in itself is usually enough to get 99.99% of all hogwan owners to back off as they know what they are doing is underhanded and dont want the embarrassment of being caught by a fellow countryman.
This isnt a question of whether its legal or illegal its a question of is it right or is it wrong. You work extra classes then you should get paid for them.
nuff said |
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