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Company closure for maintainence. Are they still required to pay me for those days?

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  • Company closure for maintainence. Are they still required to pay me for those days?

    My company will be closing for 3 days to upgrade the computer systems. These days fall during my regular working shift. My company wants me to work extra to make up for those three dates they are closed. Are they legally required to pay at least 60% of my wages for those days of forced closure? I've checked through the Labour Standards Act and so on but am still not sure. Any advice or help would be great! Cheers!

  • #2
    This can be a grey area. They can give you the days off and make you epwork other days off in lieu, and if you caught it, you may even be able to win. Or maybe not - as I said , it's grey.

    I'm not sure where you got this 60% number from though.

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    • #3
      My employer sent us home early from work the other day because there wasn't any work to do and now he won't pay us for this time. Is the employer obligated to pay my wages during this period?

      A: Your employer is obligated to pay 60% of your wages if they close the enterprise or do not allow you to work during your scheduled time (Article 26). In some cases, such as your school being destroyed in an earthquake, the law does not apply.

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      • #4
        Well there you go.

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        • #5
          Originally posted by Effected After View Post
          Well there you go.
          I have my good days...

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          • #6
            Extremely unlikely 60% stand down rate will apply in this case.
            Is your company telling you not to come to work on those days or are they giving you some options? (eg work your shifts on a different day or in fact take paid leave if you want to, or unpaid leave for that matter...)
            If your company is giving you options and you have the choice about what to do then they aren't preventing you from working your allocated hours for the week/month - you just have to work them on different days than usual. If they are giving you no choice and telling you not to come to work then you would have a case to claim 60% of your wages for those days.

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            • #7
              Originally posted by anthrax021 View Post
              My company will be closing for 3 days to upgrade the computer systems. These days fall during my regular working shift. My company wants me to work extra to make up for those three dates they are closed. Are they legally required to pay at least 60% of my wages for those days of forced closure? I've checked through the Labour Standards Act and so on but am still not sure. Any advice or help would be great! Cheers!
              You need to be clear.

              Are you paid by the hour? If your employer wants you to work extra to make up for those three days, then wouldn't you be receiving extra pay equal to the days missed? Basically, do you want a three-day paid holiday at 60% without having to work extra hours?

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              • #8
                Originally posted by anthrax021 View Post
                My company will be closing for 3 days to upgrade the computer systems. These days fall during my regular working shift. My company wants me to work extra to make up for those three dates they are closed. Are they legally required to pay at least 60% of my wages for those days of forced closure? I've checked through the Labour Standards Act and so on but am still not sure. Any advice or help would be great! Cheers!
                Yes but the labor standards define "average daily wages" as 3mo salary 3 mo (including non-working days) so if your monthly salary is 300,000, expect them to give you 60% x 10,000 a day, not 15,000...

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                • #9
                  Originally posted by Hijinx View Post
                  You need to be clear.

                  Are you paid by the hour? If your employer wants you to work extra to make up for those three days, then wouldn't you be receiving extra pay equal to the days missed? Basically, do you want a three-day paid holiday at 60% without having to work extra hours?
                  There is also a difference between 'work extra' and 'work instead of'

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                  • #10
                    Cheers for the responses. My company wants us to work other days "instead of" the closure days, or in lieu of those days. We have an option to do that, or take those days off as an "unpaid holiday." We are paid on a monthly salary, not at an hourly rate. As far as I know, I am not required to work in lieu(even with the option, as lieu days do not constitute my regular schedule), and can take 60% as stated about (which I am fine to do). Anyway, I do know this is a gray area, as most things with my company seem to be...

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                    • #11
                      Originally posted by anthrax021 View Post
                      Cheers for the responses. My company wants us to work other days "instead of" the closure days, or in lieu of those days. We have an option to do that, or take those days off as an "unpaid holiday." We are paid on a monthly salary, not at an hourly rate. As far as I know, I am not required to work in lieu(even with the option, as lieu days do not constitute my regular schedule), and can take 60% as stated about (which I am fine to do). Anyway, I do know this is a gray area, as most things with my company seem to be...
                      Assuming you have a contract, does it contain any clauses about schedule and schedule changes? If so, what does it say?

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                      • #12
                        The contract only has a statement regarding a permanent schedule, as defined as a fixed schedule determined by the employee. There is a clause saying the fixed schedule can be changed based on operating needs.

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                        • #13
                          Sounds like you are out of luck.

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                          • #14
                            Originally posted by anthrax021 View Post
                            The contract only has a statement regarding a permanent schedule, as defined as a fixed schedule determined by the employee. There is a clause saying the fixed schedule can be changed based on operating needs.
                            employee or employer?
                            If your schedule can be changed based on operating needs then
                            Originally posted by Effected After View Post
                            Sounds like you are out of luck.
                            yeah

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                            • #15
                              Originally posted by anthrax021 View Post
                              My company will be closing for 3 days to upgrade the computer systems. These days fall during my regular working shift. My company wants me to work extra to make up for those three dates they are closed. Are they legally required to pay at least 60% of my wages for those days of forced closure? I've checked through the Labour Standards Act and so on but am still not sure. Any advice or help would be great! Cheers!
                              I don't really understand you. To me, it looks like your employer is 'only' forcing you to take three of your regular holidays on these days because they close down. This is not really nice, but happens regularly when companies close for 'Golden Week' or the 'O-Bon' holidays.

                              However, if they ask you to 'make up' the lost days on a weekend (or similar), that would clearly be unfair, as weekend/holiday/late night work should be paid extra.

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