Quote:
Originally Posted by defishel
I wish I could continue arguing with you but I'd have more success convincing a brick wall. People would rather work a day where they get time-and-a-half rather than have it off because it means more money. I'm not blinded by any "woe is me" point of view, but you're evidently so blinded by your hatred of corporations and inane belief that these 9 days are sacrosanct that no one should work them. As I said to LRT'S Friend, you're not actually concerned about the little guy. You're concerned about some other issue instead.
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Again- the ESA legislates- thats the employment standards act- that:
Public holiday ordinarily a working day
26. (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day.
Agreement to work, ordinarily a working day
27. (1) An employee and employer may agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, and if they do, section 26 does not apply to the employee.
(2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1),
(a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or
(b) if the employee and the employer agree, the employer shall pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day.
Public holiday pay
24. (1) An employee’s public holiday pay for a given public holiday shall be equal to,
(a) the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20; or
That is the law as it currently stands. Now say I work 4x 32 hour weeks @ 11/hr. My holiday pay would be ~$70. I'm already getting that $70 pay for staying home and enjoying the 14 degree weather that was Friday. My premium pay for an 8 hour shift would be $44. Frankly it's not absolute that I would jump at the chance to make that $44 premium pay, but - and this isn't "blind hatred for corporations"- the reality is my shift for that holiday would most likely be a 5 hour shift so they- the corporation- would reduce their premium pay liability. Let's look at the reality of working at an LCL banner store, knowing that holiday pay is calculated by the preceding 4 weeks of wages before the holiday.
Week 5- 40 hours scheduled,
Week 4- 24 hours scheduled- a violation of my collective agreement
Week 3- 21 hrs, ditto
Week 2- 21 hrs, ditto
Week 1- 21 hrs, ditto
> Easter week- 32 hrs.
87x11,957/20 My holiday pay ~$47.85
Now had I gotten 28 hoursx4- $61.60
The dif. $13.75 (multiple this over hundreds of people)
Not a lot, but just goes to show you how they stack the deck to minimize wage liability at all times. That's not blind hatred of corporations but first hand reality of trying to live on my own on minwage (which is 100% possible) Also, why I don't like one brand pulling a stunt for publicity with the collateral damage of weakening these laws and ideals of statutory holidays. "inane belief that these 9 days are sacrosanct that no one should work them" That is thinking in absolutes and ridiculous. There is a middle ground- where we currently are, And Sunday shopping is a good example- as was posted earlier. It started with the same actions, and before long a new status quo arose. There is something peculiar with the visceral way you argue stores should be open for the sake of the little guy having the opportunity to make a couple more dollars an hour cause that's what a working class citizen should be doing on a holiday- making every sacrifice he can to earn a little more. Rather then enjoying the day off and taking home legislated holiday pay.
I don't absolutely disagree with it. I've worked holidays in the past. Just personally I'd rather not see this status quo get whittled away, and I'll take my holiday, and my pay at the same time. There's nothing wrong with stores being legislated closed on holidays. My last note on this topic.