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.
Sparing you the details; 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. I do remember seeing somewhere that an employee cannot be forced to work overtime if they have not verbally or in writing, agreed to work the overtime..
However, I do not believe at this point that they will compensate me for the overtime. If I refuse to work these overtime hours, am I able to be terminated because of the clause stated in #4?