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Your Rights

When Working

When Working

When you’re working, you generally have to follow the policies and rules that your employer has set. However, there are certain rights you’re entitled to as an employee when you’re working, and there are certain things that your employer cannot contract you out of.

This section will let you know what rights you have when you’re working.

What is good faith?

The parties to an employment relationship must deal with each other in good faith.

Dealing with each other in good faith involves:

  • not acting in a misleading or deceptive way;
  • being responsive and communicative;
  • before making a decision that could harm an employee’s employment, an employer must give the employee information to understand the situation and a proper opportunity to comment on it.

Acting in good faith also means being fair and using common sense. It involves being honest, responding to problems in a fair and timely way, working in a constructive and positive way, sharing relevant information ahead of when others need it, listening to and taking the opinions of others onboard as soon as possible, and treating others with respect.

An example of dealing with each other in good faith is that the employment agreement should reflect genuine discussion and negotiation.

What hours do I have to work? Can my boss change my hours without checking with me?

Your employer can’t change the work hours that you both agreed to without your agreement – unless your employment agreement contains a specific term that allows your employer to do so. If this is the case, your boss still has to act fairly and reasonably before making a change.

If your employer wishes to change your work hours, they should explain to you why it is necessary and give you time to respond and get independent advice. If this issue can’t be resolved between you and your employer then you can consider taking the matter to mediation.

What are my rights when it comes to getting paid?

You have a right to be paid for the hours you’ve worked. You also have a right to be paid the amount that you and your employer have agreed to, or at least at the minimum wage for the hours you’ve worked. If you don’t have a written employment agreement, it can be difficult to prove specifically what your employment agreement is. If this is the case, ask your employer for a written agreement. They’re breaking the law by not providing you with one!

Your employer cannot reduce or hold onto your pay for no good reason or withhold your pay without your consent. Generally, your employer needs your written consent to deduct your wages from your pay.

Additionally, your employer cannot direct you on how to spend your money or pay you less than others for doing the same or similar work because of discriminatory reasons, such as your race or gender.

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