Can my employer force me to work part-time in Ontario?

If you’ve been working full-time and your employer suddenly asks you to switch to part-time hours, you may be wondering if they have the legal right to make this change.

In Ontario, the short answer is: no, your employer can’t force you to work part-time if you were hired as a full-time employee.

Here’s what you need to know about your rights and what steps to take if your employer attempts to reduce your hours.

Can my employer reduce my hours without my consent?

Under Ontario employment law, a significant reduction in hours—like being switched from full-time to part-time—can be considered a fundamental change to the terms of your employment.

If you were hired as a full-time employee, your hours are an essential part of your employment contract. Any major change to your hours without your agreement can amount to what’s called constructive dismissal.

Constructive dismissal occurs when an employer changes key terms of your job without your consent, essentially forcing you out of your role.

In such cases, the law views the change as a termination, and you may be entitled to Ontario severance pay as though you were fired.

When can an employer change your hours?

There are only a few situations where your employer may be able to alter your working hours:

• Mutual agreement: If you and your employer agree to a new schedule, the change is allowed.
• Contractual language: If your employment contract gives your employer the right to reduce your hours, they may be able to make this change legally.
• Seasonal or temporary roles: For jobs that are seasonal or involve fluctuating hours, part-time shifts may be expected.

If none of these apply, your employer can’t reduce your hours without your consent.

What should I do if my employer forces me to work part-time?

If your employer has reduced your hours without your agreement, here’s what you should do:

1. Document the changes: Keep a record of the changes your employer made, including emails or other communications about the reduction in hours.
2. Avoid resigning immediately: Do not quit your job without first speaking to an employment lawyer at Samfiru Tumarkin LLP. Resigning without proper guidance could jeopardize your ability to claim constructive dismissal and get proper compensation.
3. Contact an employment lawyer: An employment lawyer at our firm can review your situation, determine if the reduction qualifies as constructive dismissal, and help you secure the severance pay you may be owed.

What are my severance pay rights?

If you’ve been constructively dismissed, you may be entitled to severance pay based on:

• Your age
• Your length of service
• The nature of your role (e.g., seniority, specialized skills)
• How long it will take you to find a comparable job

Severance pay in Ontario often exceeds the minimum outlined in the Employment Standards Act (ESA).

In some cases, employees may be entitled to as much as 24 months’ pay.

Can I refuse to work part-time?

Yes, you can refuse to accept a part-time schedule if it significantly changes the terms of your employment.

Key takeaways for Ontario employees

• Employers can’t unilaterally force you to go from full-time to part-time without your consent.
• A major reduction in hours may qualify as constructive dismissal, entitling you to severance pay.
• Document everything, don’t resign immediately, and consult a Samfiru Tumarkin LLP employment lawyer for advice.

Speak to an Ontario employment lawyer today

At Samfiru Tumarkin LLP, we have helped thousands of employees across Ontario, Alberta and B.C. stand up to unfair treatment in the workplace.

If your employer is trying to reduce your hours without your consent, contact us today for a consultation.

Our experienced team will help you understand your rights and secure the compensation you deserve.