This question already has an answer here:
So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information:
- I am a salaried employee (engineer in training) based in Ontario, Canada. Engineers (and those in line to become an engineer) legally are not entitled to overtime pay.
- In my contract the "hours of work" are outlined as Monday-Friday 8 hours a day, 40 hours a week.
- In the same contract (which I have signed) there is a termination clause stating that "breach of employee policies may result in termination".
- In the company policies, the "hours of work" has been amended to include "from time to time employees may be required to work for more than 8 hours a day, 40 hours a week as the work of demands.
- I have never signed this policy and therefore have never, in writing, agreed to work overtime without compensation.
My issue is that in the past year, I have worked an abundant amount of overtime hours. A few months back, I was asked to work overtime and I declined because I had a sister-in law's wedding to attend. My boss was very angry about this and made a comment that "I never work overtime for this company, and I am very distrustful and can't be relied on" which was not only extremely ungrateful, but very wrong. In the end I made the sacrifice to come in and work on the Sunday. The employer's relationship with me has since deteriorated since that incident.
Needless to say, I am currently looking for a new job - but most of my freetime hours are necessary for this process.
I am now being asked to work overtime hours in the following week - but I don't think I can in good conscience do so (I need the extra time). At the very least I believe I would work the overtime if I was getting paid for it.
How should I go about asking for this compensation, knowing that I am not legally entitled to compensation for it?
Update: So I'm not sure if my employer found this thread and realized it was me writing it, but they went out of their way to forward me the ESA (Employment Standards Act) which has amended to include that Overtime will not be compensated, and overtime rules do not apply to Engineers. Furtheremore, they are informing me, that as per the ESA I will no longer be entitled to break-time. Yeah, time to get out. Thanks for the answers though, guys.