Yes, your employer can increase your workload in Canada. Employers can assign additional tasks, change priorities and adjust responsibilities as business needs change. But there are limits to how much your job can change without your agreement.
If your employer significantly increases your workload, changes your core duties or expects you to work much longer hours, you may have legal rights. A major change to your job could amount to constructive dismissal, meaning you may be entitled to severance even though you haven’t been formally fired.
An increased workload can also raise questions about overtime pay, workplace safety and your employer’s duty to accommodate medical restrictions.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their rights when employers add duties, increase working hours or make major changes to their jobs.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. Can Your Employer Add More Work?
- 2. More Duties Without More Pay
- 3. Workload Doubles After Layoffs
- 4. Longer Hours & Overtime
- 5. Excessive Workload & Stress
- 6. Constructive Dismissal
- 7. Can You Refuse More Work?
- 8. What Employees Should Do
- 9. Rights by Province
- 10. Common Questions
Can Your Employer Legally Increase Your Workload?
Yes. Employers can usually make reasonable changes to your workload and responsibilities. However, a major change that fundamentally alters your job may amount to constructive dismissal.
Your employer may be able to:
- Assign new tasks related to your existing position
- Change priorities or deadlines
- Ask you to temporarily cover for an absent coworker
- Introduce new procedures or technology
- Redistribute work among employees
These are common parts of managing a workplace.
A more serious issue arises when your employer makes your job substantially different from the one you agreed to perform.
When Does an Increase Become Too Much?
There is no set percentage that determines when a workload increase becomes illegal or qualifies as constructive dismissal.
The important question is whether the change fundamentally affects your role, responsibilities, hours or other essential terms of employment.
| Changes That May Be Reasonable | Changes That May Be Significant |
|---|---|
| Taking on a few related tasks | Being required to perform what amounts to a second job |
| Temporarily helping an absent coworker | Permanently absorbing another employee’s entire role |
| Occasionally handling extra projects | A major permanent increase in responsibilities and hours |
| Adjusting normal daily priorities | Being moved into a substantially different position |
These are examples, not automatic legal outcomes. Your employment contract and the full effect of the changes matter.
Does Your Job Description Limit What Your Employer Can Ask You to Do?
Your job description is important, but it doesn’t necessarily list every task your employer can assign.
Many employment agreements allow employers to assign related duties or make reasonable adjustments to a position.
However, a clause stating “other duties as assigned” doesn’t automatically give an employer unlimited authority to turn your position into an entirely different job.
Your original role, employment contract, established duties and the actual changes all matter.
Learn more about Employment Contracts in Canada.
Can Your Employer Give You More Duties Without a Raise?
Yes. Your employer doesn’t automatically have to give you a raise every time it adds responsibilities to your job.
For example, a company may ask an administrative assistant to manage an additional calendar or a salesperson to handle more accounts without increasing their salary.
However, the situation may be different if the new duties amount to a major change to your position.
What if You’re Doing Two People’s Jobs?
If your employer expects you to perform your original job and take over another employee’s entire position, that could be a significant change.
Consider an employee who manages customer accounts. After a coworker leaves, the employer permanently assigns them all of that person’s accounts, administrative duties and management responsibilities.
The employee’s title and salary remain the same, but their work has changed dramatically.
Depending on the circumstances, this may support a constructive dismissal claim.
The issue isn’t simply that you weren’t given a raise. It’s whether your employer has fundamentally changed your job.
Can You Ask for a Raise Because Your Workload Increased?
Yes. You can ask your employer to review your compensation when your duties increase.
Explain which responsibilities have been added, whether the change is permanent and how it affects your position.
Your employer doesn’t automatically have to approve the request. But if the changes are substantial, your rights may go beyond simply negotiating a higher salary.
What if Your Workload Doubles After Layoffs or Staff Shortages?
Your employer can redistribute work after layoffs, resignations or restructuring. But forcing you to take on substantially more work may create legal concerns.
Being understaffed isn’t automatically illegal. Employers are allowed to reorganize their businesses and change how work is assigned.
However, they still have to respect employment contracts, applicable wage and hour laws, workplace safety obligations and other employee protections.
Example: Your Employer Lays Off Two Coworkers
Imagine you work as an office manager.
Your company lays off two employees and assigns you their responsibilities. You now handle your original work, payroll administration, customer service and additional reporting.
Your salary hasn’t increased, your hours are much longer and the employer says this is your permanent position.
Could this be constructive dismissal? Possibly. The change may be substantial enough to fundamentally alter your employment.
However, if your employer simply asks you to temporarily handle a few additional tasks while it hires a replacement, that is less likely to meet the legal test.
Is It Illegal to Work Understaffed?
No. Being understaffed isn’t automatically against the law.
But staff shortages don’t excuse an employer from paying required overtime, meeting safety obligations or respecting other legal rights.
If understaffing has permanently transformed your position or made the workload unsafe, the circumstances deserve closer attention.
Can Your Employer Increase Your Hours Without Paying You More?
Your employer may be able to require additional hours, but it must follow the employment standards and overtime rules that apply to your job.
There is an important difference between being assigned more tasks during your normal workday and being required to work additional hours.
More tasks don’t automatically require a raise. Additional hours, however, may create an entitlement to overtime pay.
Overtime Rules in Ontario, Alberta and BC
The usual overtime thresholds for many provincially regulated employees are:
| Province | Usual Overtime Threshold |
|---|---|
| Ontario | After 44 hours in a workweek |
| Alberta | More than 8 hours a day or 44 hours a week, under the 8/44 rule |
| British Columbia | More than 8 hours a day or 40 hours a week |
These are the usual thresholds, not universal rules. Exemptions, special industry rules and valid averaging arrangements can change how overtime is calculated.
Most eligible employees receive overtime pay at one and a half times their regular rate. BC also has double-time rules for certain longer workdays.
A salary doesn’t automatically mean an employee is exempt from overtime. Learn more about overtime pay in Canada.
What if Your Employer Expects You to Work Nights and Weekends?
Occasional extra hours may be permitted, depending on your contract and the rules that apply.
However, a permanent change from a regular daytime schedule to much longer hours, nights or weekends may be more significant.
Your employer must also respect applicable rules concerning hours of work, rest periods and overtime.
See our guide to Changing Work Hours and Schedules in Canada.
What if You’re Working Extra Hours Without Being Paid?
Keep a record of the hours you actually work.
If you’re entitled to overtime pay, your employer must follow the law. Being paid a fixed salary or facing pressure to meet deadlines doesn’t automatically eliminate overtime rights.
Your entitlement depends on your duties, employment classification, industry and the law that applies.
What Is Considered an Excessive or Unreasonable Workload?
An excessive workload is one that goes beyond what an employee can reasonably manage, particularly when responsibilities, deadlines or working hours increase dramatically.
Employees often describe their workload as excessive when:
- They are expected to complete the work of multiple employees
- Deadlines have become impossible to meet
- They regularly work much longer hours
- They have been assigned responsibilities far outside their original position
- The workload is creating serious health or safety concerns
- Management refuses to address important workload concerns
These circumstances don’t automatically create a legal claim. But they may point to issues involving overtime, safety, accommodation or constructive dismissal.
Can Your Employer Legally Overwork You?
Employers can expect employees to work hard and meet reasonable performance requirements.
However, they can’t ignore employment standards, workplace safety laws or obligations involving protected medical needs.
An excessive workload may also become legally significant if it fundamentally changes your employment relationship.
What if Your Workload Is Affecting Your Mental Health?
If your workload is causing serious stress, anxiety, burnout or other health problems, seek appropriate medical care.
When an employee has a disability or medically supported work restrictions, an employer may have a duty to provide reasonable accommodation.
Accommodation might include modified duties, adjusted hours or another suitable arrangement, depending on the employee’s needs and the employer’s obligations.
However, feeling overworked doesn’t automatically create a right to reduced duties or paid medical leave.
Learn more about the Duty to Accommodate in Canada and Modified Duties at Work.
When Can Increased Workload Become Constructive Dismissal?
A major increase in workload may amount to constructive dismissal if your employer substantially changes an essential part of your job without your agreement.
Constructive dismissal means your employer hasn’t formally fired you, but its actions may be treated by law as ending the employment relationship.
For example, constructive dismissal may arise when an employer:
- Permanently requires you to perform two substantially different jobs
- Dramatically increases your core duties and responsibilities
- Imposes a major unwanted change to your regular working hours
- Changes your position so extensively that it is no longer the job you accepted
- Combines a significant workload increase with a demotion, pay cut or other major change
The change must be serious enough to meet the legal test. Having a busy month or temporarily helping coworkers doesn’t automatically qualify.
Can You Get Severance Because Your Workload Increased?
Yes, if the workload increase amounts to constructive dismissal.
If your employer has effectively ended your employment through a fundamental change, you may be entitled to compensation as though you had been terminated without cause.
Depending on your circumstances, severance pay in Canada can reach up to 24 months’ pay.
Your entitlement can depend on your age, length of service, position, compensation, employment contract and the availability of comparable employment.
There is no automatic formula based only on how many years you worked.
For a complete explanation, read our Constructive Dismissal in Canada guide.
Should You Quit if Your Employer Doubles Your Workload?
No. Don’t automatically resign because your workload has doubled.
The change may be serious enough to create legal rights, but resigning before confirming your position can put a potential severance claim at risk.
On the other hand, continuing under a major unwanted change for too long without objection may allow your employer to argue that you accepted it.
The safest next step is to document the change, raise concerns promptly where appropriate and get legal advice before resigning.
Can You Refuse an Increased Workload?
Not automatically. Employees are expected to follow reasonable and lawful instructions from their employers.
Simply refusing additional duties because you don’t want them can lead to disciplinary action.
However, you may have stronger grounds to challenge changes that:
- Fundamentally alter your employment agreement
- Require you to perform unsafe or unlawful work
- Conflict with legally protected medical restrictions
- Violate applicable hours-of-work or other employment standards
- Involve prohibited discrimination or retaliation
How you respond matters. Don’t assume that every disagreement about your workload gives you the right to stop working.
Can You Be Fired for Refusing Additional Duties?
Yes, an employer may discipline or dismiss an employee for refusing reasonable job duties, depending on the circumstances.
However, refusing a fundamental change to your employment is different from refusing an ordinary work assignment.
Even if your employer can end your employment, that doesn’t automatically mean it can do so without providing the notice or severance you’re owed.
Whether there is just cause, a without-cause dismissal or constructive dismissal depends on the facts.
What if Your Employer Pressures You to Resign?
If your employer threatens you, deliberately makes your job intolerable or pressures you to quit after you raise concerns, document what happens.
Serious employer pressure can raise separate questions about forced resignation or constructive dismissal.
See our guide to Forced Resignation in Canada.
What Should You Do if Your Employer Keeps Increasing Your Workload?
Start by documenting what’s changed and asking your employer to clarify your duties, hours and priorities. If the changes are substantial, get advice before accepting or refusing them.
- List Your Original Responsibilities. Compare the job you were hired to do with the work you’re now expected to complete.
- Document the New Tasks. Keep relevant emails, job descriptions, schedules and records of additional responsibilities.
- Track Your Working Hours. Record when you start, finish and perform extra work, especially if overtime may apply.
- Ask About Priorities. If you can’t complete everything, ask your employer which tasks are most important and what deadlines are realistic.
- Clarify Whether the Change Is Permanent. Temporary coverage for a coworker is different from permanently taking over another position.
- Raise Significant Concerns in Writing. If the change fundamentally affects your job, consider making your objection clear and promptly obtaining advice.
- Don’t Quit or Sign New Terms Without Advice. A resignation or new employment contract may affect your legal rights.
How Do You Tell Your Employer Your Workload Is Too Much?
Keep your message clear and professional. Explain what has changed and ask how the work should be managed.
Example email:
Subject: Workload and Responsibilities
Hi [Manager’s Name],
I wanted to discuss my current workload following the additional responsibilities assigned to me.
I’m now responsible for [briefly describe the new duties] in addition to my existing work. I’m concerned that the current deadlines and workload may not be manageable within my regular working hours.
Could we review the priorities, expected deadlines and whether these additional responsibilities are temporary or permanent?
I’d appreciate some clarification on how you’d like me to manage the work.
Thank you.
This is an example of a practical workload discussion, not a formal legal objection.
If your employer has imposed a major unwanted change to your employment, different wording or a more formal response may be needed to protect your rights.
Increased Workload Laws in Ontario, Alberta and BC
Employers across Canada can make reasonable changes to job duties, but your legal rights depend on the employment agreement and the laws that apply to your workplace.
Samfiru Tumarkin LLP assists non-unionized employees with employment law matters in Ontario, Alberta and British Columbia.
Increased Workload in Ontario
Ontario employers can assign additional duties, but a major change to your job may amount to constructive dismissal.
Ontario employment standards also provide overtime protections for eligible employees, usually after 44 hours in a workweek.
If your responsibilities have changed significantly, see our guide to Changing Job Duties in Ontario.
Increased Workload in Alberta
Alberta employers have flexibility to assign work, but a substantial change to your duties, hours or position may support constructive dismissal.
Alberta also has overtime rules that commonly apply when eligible employees work more than 8 hours a day or 44 hours a week, subject to exceptions and the applicable calculation rules.
Read more about Changing Job Duties in Alberta.
Increased Workload in British Columbia
BC employers can make reasonable adjustments to your responsibilities, but major changes to essential terms of employment may amount to constructive dismissal.
British Columbia’s overtime rules commonly apply after 8 hours in a day or 40 hours in a week, with additional rules for longer workdays and certain occupations.
An employee whose workload has fundamentally changed may have rights beyond the minimum employment standards.
What About Federally Regulated Employees?
Employees in federally regulated industries, such as banks, telecommunications and certain transportation companies, may have different hours-of-work, overtime and termination protections under the Canada Labour Code.
Your rights depend on the law governing your employment.
Increased Workload in Canada: Frequently Asked Questions
Can my employer increase my workload without my consent?
Yes, for reasonable changes that fall within your existing job. However, a substantial change to your core responsibilities, hours or position may amount to constructive dismissal if imposed without your agreement.
Can my employer double my workload?
An employer may assign substantially more work, but doubling your workload could create legal concerns if it fundamentally changes your job. There is no automatic rule that a 100% workload increase is illegal or constitutes constructive dismissal.
Can my employer give me more responsibilities without paying me more?
Yes. Additional duties don’t automatically require a raise. But if the new responsibilities substantially change your position, you may have constructive dismissal rights. Any applicable overtime and minimum wage requirements must still be met.
Is it illegal to work understaffed?
No. Working in an understaffed workplace isn’t automatically illegal. However, employers must still follow wage, overtime, health and safety and other employment laws. A major permanent change to your job may also raise constructive dismissal concerns.
Can I refuse extra duties that aren’t in my job description?
Not automatically. Employers may assign reasonable work even when a task isn’t specifically listed in your job description. You may have grounds to challenge unlawful, unsafe or fundamentally different duties, depending on the circumstances.
Can my employer increase my hours without overtime pay?
That depends on your province, occupation and eligibility for overtime. Employers must follow the applicable overtime rules. Receiving a salary doesn’t automatically mean you aren’t entitled to overtime pay.
What is considered an excessive workload?
An excessive workload may involve unmanageable deadlines, substantial additional duties, prolonged working hours or having to perform multiple roles. Whether it creates a legal claim depends on the employment terms and applicable laws.
Can excessive workload be constructive dismissal?
Yes. If the workload increase fundamentally changes an essential term of your employment without your agreement, it may amount to constructive dismissal. Ordinary increases in work pressure don’t automatically qualify.
Can I get severance if I quit because I’m overworked?
Possibly, if the employer’s conduct legally amounts to constructive dismissal. An ordinary voluntary resignation doesn’t automatically entitle you to severance. Get advice before leaving.
What if increased workload causes stress or burnout?
Seek appropriate medical care if your health is affected. A medically supported condition may create rights involving workplace accommodation, modified duties or protected leave, depending on the circumstances.
Can I be fired for refusing additional work?
Yes, depending on whether the instruction was reasonable and lawful and why you refused. However, a dismissal doesn’t automatically mean you’re entitled to no severance. The reason for termination and your employment rights must be assessed.
What if I’m unionized and my workload increases?
Contact your union representative. Your collective agreement and grievance process may govern changes to your duties, hours and workload.
Has Your Employer Significantly Increased Your Workload?
Your employer can give you more work. But that doesn’t mean it can fundamentally change your job without legal consequences.
If you’ve been forced to take on another employee’s responsibilities, work much longer hours or accept a substantially different position, you may have constructive dismissal rights.
You could be owed severance, even if your employer hasn’t formally fired you.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their options and pursue the compensation they’re legally owed.
Before you quit or agree to major changes, always check first.
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