Is there any truckers lawyer here or some one with knowledge of the law.
My question is "Does a trucking company has the right to cut your wage almost half?"
wage cut
Discussion in 'Canadian Truckers Forum' started by Tibet, Jan 18, 2020.
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you could have been fired, laid off, whatever. then what?
you start the job hunt all over again.
how about asking your employer what's up..???
then come back here and tell us what's been happening..??Western flyer and roshea Thank this. -
not4hire Thanks this.
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I'd say they could provided they gave you the required amount of notice of the change.
I went through this 7 years ago. We drove an hour each way (paid hourly) to the jobsite to work. The company decided they weren't going to pay us hourly to drive their truck to the jobsite and instead just pay us a flat rate for travel. I called the Canadian labour board and they said it was fully within the company's right. We got paid half as much for travel under flat rate vs what we got hourly. -
No idea where the OP is from, but I'm going to assume somewhere in Canada, given where they posted. The following is for Alberta, but will be similar across the country.
Constructive Dismissal Basics
Once a contract of employment has been formed, whether this be in writing, verbal or implied, neither party has the right to change a significant term of the contract, unless both parties agree to the change. In certain circumstances, unilateral changes by an employer to an employee's position, job responsibilities, compensation package, or other terms, can amount to a potential constructive dismissal. The issue is whether the changes that have been made to the employment relationship are so significant as to amount to a breach of a fundamental term and condition of the employment contract. If a breach of a fundamental term has occurred, this gives rise to a potential constructive dismissal claim. Also, where the employer, through its actions (or lack thereof), has created a situation which makes it untenable for an employee to continue, in certain circumstances, an employee may argue that the employer’s conduct constitutes a constructive dismissal.
The damages a Court would award an employee in a successful action for constructive dismissal are equivalent to the damages the employee would receive had the employee been wrongfully dismissed.
- Demystifying Constructive Dismissal3noses Thanks this. -
not4hire Thanks this.
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Everyone always says to read your employment agreement/contract, but I urge you to find out what the law is. It doesn't matter what kind of contract or agreement you have if that contract violates legislation and/or does not meet the statutory minimum requirements. If that is the case then the contract is void.
In my experience, most small businesses, and many large ones, don't actually get contracts written or vetted by qualified lawyers. Especially not for positions like driver, etc.
I'm not saying that is the case in this instance, but based on experience it is highly possible.Phantom Trucker Thanks this. -
If the OP signed an agreement that has a base rate plus bonuses for a set period of time, usually a year, any time after that time period bonuses or extras can be reduced or eliminated.not4hire Thanks this. -
Consulting a lawyer can be a good step, but is often not required. Federal and provincial legislation is available on-line and each of the various departments have people available to support employees, or explain and/or enforce legislation as required. In my experience, lawyers add very little except cost when dealing with these types of disputes.
However, if you don't get satisfaction through the government you may want to consult a lawyer if you're talking about significant financial consequences. If you do want to talk to a lawyer I would recommend using the local law society lawyer referral. They will give you the names of a few lawyers who have agreed to provide an initial consultation (usually about 30 minutes) free of charge. You can contact all of them in the process of getting your questions answered. -
I quit a job a few years back and they never paid me my last cheque or bonus. I found the section in the labour code outlining when I was required to receive all money owed. Walked into the branch manager's office, put the printed sheet and highlighted section on his desk and told him him the money better be in my account by tomorrow afternoon or I'd be getting the labour board involved. Money was paid out to me ASAP.
Ol'Shusquatch, Doealex, Phantom Trucker and 2 others Thank this.
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