REMEMBRANCE DAY

[steveyb4342]

Hi Everyone,

I am looking more for anyone that can give a bit of legal advice.  My name is Aly and I am on my husbands account.  I currently work for a call center in Nova Scotia.  They only recognize Remembrance Day as a day they have to give employees holiday pay.  When I asked why we were still open, they couldn't answer.  Part of the call center is open 24/7/365 and the other part is only open Monday-Friday.  We work on behalf of the banks and there are parts of our company located in a few other provinces.  When I asked if we will be off the phones at 11, they said we will be putting our customers on hold for 1 minute.  When I asked for time off to attend the ceremony my husband will be in, they refused because too many people already took it off. 

I have spoke to the labor board and they really couldn't help.  I was sent the "Remembrance Day Act" and have read it thoroughly.  It says that any place still open has to shut down for 3 minutes, starting 1 minute prior to 11.  Most businesses are required to close on Remembrance Day, except for a list of exceptions in the Remembrance Day Act.  My question, is why the call center is allowed to be open?  What loop-hole/exception are they using to be able to stay open?  I find it very disrespectful and I can't seem to get any answers from my employers.

http://nslegislature.ca/legc/statutes/remembrc.htm <--Remembrance Day Act

Thank you!

 

[RememberanceDay]

Prohibited activity on Remembrance Day


Except as herein provided, no person shall, on Remembrance Day,

(a) sell, offer for sale or purchase any goods or real property;



Holiday with pay for employee required to work


6 An employer of an employee in an industry who

(a) is required to work on Remembrance Day; and


(b) has received or is entitled to receive wages for at least fifteen days during the thirty calendar days immediately preceding Remembrance Day,

shall grant the employee a holiday with pay on the working day immediately following the employees annual vacation or another day agreed upon by the employee and the employer. R.S., c. 396, s. 6.


Three minute suspension of operation


7 Every employer carrying on or engaged in an industry to which Section 3 does not apply shall, subject to Section 8, relieve the employees in the industry from duty, and suspend the operations of the industry, for a period of three minutes, at one minute before eleven oclock in the forenoon on Remembrance Day. R.S., c. 396, s. 7.

That sums it up for me.

 

[Bass ackwards]

Hi Aly.

Judging from what I read from the Remembrance Day Act (and essentially what RD posted), you're pretty much euchred.
Your place of employment does not seem to buy or sell any goods.

That others in your shop have the time off seems to be more an issue of seniority, unless there's something you haven't mentioned.

To the best of my knowledge, the policies concerning Remembrance Day vary both by province and (as much as legally allowed) by employer.

You can work to change the law -which might be wiser than going head to head with your employer for the time being -but I doubt there's much you can do about things for this year.

Is what they're doing disrespectful? Yes, arguably. But it's not illegal -and you can't legislate respect.

I wish I had a happier answer for you. Hopefully some more knowledgable member will come along and give me a virtual slapping around, and you some better news.

Regards. 

 

[steveyb4342]

Hey, thanks for the reply. This is how I looked at it...


In Section 3 it states that you can not do anything as an employee or employer for gain or reward.  When a customer uses the service we provide, we get paid by the banks and therefore it is for our own gain.  In Section 4 it gives a list of exceptions to companies that are allowed to stay open (none of which I think a call center falls into).  

Thoughts?

 

[Dovely74]

I understand your frustration.

I know that in Quebec, only banks and federal offices are closed. We don't even get Holiday pay. I guess it's not the same everywhere.

Good luck.

 

[HavokFour]

Various vintage aircraft and 8 CH-146's flew over Orleans a few minutes ago.

A friend managed to get this picture of the Griffon's.

 

[Robert0288]

Just saw them do a prep run for tomorrow.  I would have tried to get a photo of them, but a number of people walked by requiring my hand and attention to be elsewhere.