Sleep-deprived employees: Know your rights

Many of us work for our employer thinking that they are operating in a legal manner.  However many of us do not know our rights.

We are not aware of the fact that from time to time employers violate these rights.  

An important right that all workers should be educated on is the number of hours off work they can receive.    

For example, if your employers asks you to work two regular shifts in a 24- hour period that is violating a worker’s rights.  They are not getting the recommended amount of sleep.

Some categories of workers have rules and other have no rules regarding the number of hours off work they can receive.  

The general rule is that an employee is entitled to get a minimum of 11 consecutive hours off work every day.  

Another rule is the eight-hour rule.  If the total time worked during two shifts is no more than 13 hours, an employee is entitled to receive eight hours off work between shifts.  

An employee can work an increased amount of hours if there is a voluntary written agreement between the employer and employee, but the 11-hour rule cannot be modified by an agreement. 

Both rules can be modified by an employer in cases of emergency when it is necessary to “avoid serious interference with the ordinary working of the employer’s establishment or operations.”  

Examples of what is not considered an emergency would be something like an employee not showing up for work or if the business is really busy.  If an employer does not plan for situations which are foreseeable then it is not considered an emergency.   

Employers who violate these employment laws can get into some serious trouble.  

Everybody knows that employees who are sleep-deprived do not functionally normally, leading to presenteeism, workplace accidents, increased stress, and decreased productivity. In the long run it can lead to medical problems, resulting in absenteeism and increased healthcare insurance plan costs.  So why keep employees from resting if it only going to result in a loss for the business.   

Exceptions to these rules include true supervisors and managers, salespeople, fishermen, farm workers, firefighters, construction workers, and IT employees.  

If you are uncertain about your rights call the Ontario Ministry of Labour at 416-326-7160 or 1-800-531- 5551. You can learn about employee rights from the Ontario Ministry of Labour site at http://www.labour.gov. on.ca/.

Posted by: suhujitha on 2009-12-02 13:20:44

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