Can You Tell Me: Can The Employer Change My Work Schedule?
While many members enjoy a steady routine in their hours of work, the employer does have the right to alter work schedules as operational needs may require. The employer can make these changes without the approval of the employee; the respective Collective Agreements, however, provide guidelines that ensure employees receive sufficient notice for any such changes.
The guidelines are essentially the same for both Universities, found in Article 12.5 in the UM Collective Agreement and in Article 12.4 for UW. Management is required to give three working days’ notice for a schedule change affecting 1 to 4 days. For emergency changes (UW), or circumstances beyond the employer’s control (UM), they must inform the employee before quitting time on the day before the change takes effect. When the schedule would be changed for greater than 4 days, management is required to give one calendar week’s notice. And finally, if these guidelines for notice are not fulfilled, the employee is entitled to compensation at overtime rates for the first day of the altered schedule.
The employer can alter the work schedule in ways such as the start and end of the workday, say, changing a shift from 8:30-4:30 to 9:00-5:00. However, they do not have the right to extend an employee’s workday on a time-for-time basis, bypassing the Collective Agreement’s provisions for overtime. As an example, with 7 hours being the standard workday for most AESES members, the employer should not schedule a member to work 8 hours one day in exchange for working 6 the next as a way to avoid overtime compensation. Overtime, Callback, and Modified Work Weeks are separate from the type of schedule changes described here.
We encourage our members to reach out to the AESES Business Office with any questions or concerns at labourteam@aeses.ca or 204-949-5200.