Zubas
Employment Anchor
Newsletter on Current Legal Issues
Vol. 6 No. 1
TOO BUSY? SO IS EVERYONE ELSE!
My last edition of our newsletter was distributed before the Turn of the Century and the coming of the Millennium. Sometime since then the lights went on in Beijing, my son turned four, and the bubble burst in the tech market. And everyone has been very busy, too busy.
For the past two years the most frequent client complaint relates to their hours of work.
Unhealthy work environments are contributing to rising employer costs through absenteeism, turnover, supplementary health claims and long-term disability. Growing numbers of workers feel stretched to the limit, stressed out and struggling to balance work and family responsibilities - all of which detracts from their job performance.
At the outset of employment it is important to establish time expectations. When time expectations are exceeded, an understanding should be reached with your employer on overtime hours.
Ontario's Employment Standards Act, 2000 gives employers and employees more scheduling flexibility with less government interference. The new legislation enables companies to work out schedules, such as compressed work weeks, independently.
Employees can refuse to work more than 48 hours a week and continue to receive overtime after 44 hours. Employers however no longer need a permit, only the employee's written agreement, to work more than 40 hours a week, up to a maximum of 60. After 60 hours, the employer still needs to get a permit along with the employee's signature.
Overtime averaging no longer requires a permit, only the employee's written agreement to average hours over a period not to exceed four weeks. As an example, an employee works 60 hours a week for two weeks and then 20 hours a week for the next two weeks, the total number of hours gets averaged over four weeks so that they are still working less than 44 hours. They don't get paid for overtime.
Beyond four weeks, employers will need a government permit. Overtime hours, even those in lieu of, should be approved or acknowledged (in writing) by an employer.
It is important to "recapture" the time from your employer as soon as possible. It becomes very difficult after employment termination. Furthermore, if you do not take your leisure time, you will become less effective as an employee.
On The Lighter Side
Below is an excerpt from an "interesting" historical piece circa 1943 "Guide to Hiring Women". This was written for male supervisors of women in the work force during World War II - a mere 57 years ago! Fortunately, times have changed!
"... Tips on Getting More Efficiency Out of Women Employees."
There's no longer any question whether transit companies should hire women for jobs formerly held by men. The draft and manpower shortage has settled that point. The important things now are to select the most efficient women available and how to use them to the best advantage. Here are eleven helpful tips on the subject from Western Properties:
Pick young married women. They usually have more of a sense of responsibility than their unmarried sisters, they're less likely to be flirtatious, they need the work or they wouldn't be doing it, they still have the pep and interest to work hard and to deal with the public efficiently.
When you have to use older women, try to get ones who have worked outside the home at some time in their lives. Older women who have never contacted the public have a hard time adapting themselves and are inclined to be cantankerous and fussy. It's always well to impress upon old women the importance of friendliness and courtesy.
General experience indicates that "husky" girls - those who are just a little on the heavy side - are more even tempered and efficient than their underweight sisters.
Retain a physician to give each woman you hire a special physical examination - one covering female conditions. This step not only protects the property against the possibilities of lawsuit, but reveals whether the employee-to-be has any female weaknesses which would make her mentally or physically unfit for the job.
Give the female employee a definite day-long schedule of duties so that they'll keep busy without bothering the management for instructions every few minutes. Numerous properties say that women make excellent workers when they have their jobs cut out for them, but that they lack initiative in finding work themselves.
Give every girl an adequate number of rest periods during the day. You have to make some allowances for feminine psychology. A girl has more confidence
and is more efficient if she can keep her hair tidied, apply fresh lipstick and wash her hands several times a day.
Be tactful when issuing instructions or in making criticisms. Women are often sensitive; they can't shrug off harsh words the way men do. Never ridicule a woman - it breaks her spirit and cuts off her efficiency.
Be reasonably considerate about using strong language around women. Even though a girl's husband or father may swear vociferously, she'll grow to dislike a place of business where she hears too much of this.
Get enough size variety in operator's uniforms so that each girl can have a proper git. This point can't be stressed too much in keeping women happy.
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Toronto, Ontario