Yes, employers generally have some flexibility to change your hours or work schedule in Canada, but a major unilateral change can amount to constructive dismissal and may entitle you to severance.
A minor or occasional shift adjustment is very different from cutting your weekly hours, permanently moving you from days to nights, changing you from full-time to part-time or replacing a long-standing fixed schedule with unpredictable work. Your employment contract, established working arrangement and the impact of the change all matter.
If the change is significant, don’t simply refuse to work or resign. Make your concerns clear, document what has changed and get advice before taking a step that could affect your constructive dismissal and severance rights.
On This Page:
- 1. Can Your Employer Change Your Hours?
- 2. When Is a Schedule Change Too Significant?
- 3. How Much Notice Is Required?
- 4. Can Your Employer Reduce Your Hours?
- 5. What Should You Do?
- 6. Ontario, Alberta & B.C. Rules
Can Your Employer Change Your Hours Without Your Consent?
Sometimes. An employer can often make reasonable scheduling changes without getting your permission, but it may not be able to impose a substantial change to an important term of your employment without consequences.
Changes that are more likely to fall within ordinary scheduling flexibility include:
- An occasional change to your start or finish time
- Moving a shift because of short-term operational needs
- Changes your employment contract clearly allows
- Scheduling changes consistent with how your job has always operated
The situation becomes more serious when the employer permanently changes when, how often or under what conditions you work.
Can your employer change your contracted hours?
Your employment contract can give your employer flexibility over scheduling, but that does not necessarily allow every possible change.
The exact wording matters. A broad scheduling clause may permit ordinary shift adjustments while still not authorizing a dramatic reduction in hours, income or employment status.
A consistent working arrangement can also become important. For example, an employee who has worked a regular daytime schedule for many years can have a stronger argument that a permanent move to overnight work fundamentally changes the employment relationship.
Can your employer change your days of work?
Employers can often change working days for legitimate scheduling reasons, but a major permanent change can create legal issues.
Moving an occasional Monday shift to Tuesday is very different from replacing a long-standing Monday-to-Friday schedule with permanent evenings and weekends.
When Can a Change in Hours Become Constructive Dismissal?
A substantial unilateral change to your hours or schedule can amount to constructive dismissal when it fundamentally changes the employment relationship.
Changes that can raise constructive dismissal concerns include:
- A major reduction in weekly hours and income
- Changing you from full-time to part-time
- Permanently moving you from day shifts to nights
- Replacing regular hours with unpredictable or on-call scheduling
- Removing a substantial number of regular shifts
- Stopping scheduling you altogether
- Making several negative changes to your schedule, pay and responsibilities at the same time
Not every inconvenient change qualifies. The change generally needs to be substantial when viewed in the context of your employment.
Can your employer switch you from days to nights?
A temporary or occasional shift change may be permitted, but permanently moving an employee from a long-standing day schedule to overnight work can be a significant employment change.
Whether it amounts to constructive dismissal depends on your contract, the established nature of your job and the practical impact of the change.
Can your employer change you from full-time to part-time?
A unilateral move from full-time to part-time work can amount to constructive dismissal because it can substantially affect hours, income, benefits and employment status.
If the change also reduces your earnings, read our guide to whether an employer can reduce your pay in Canada.
Can several smaller schedule changes add up?
Yes. A series of scheduling changes can collectively become significant even if one adjustment alone would not amount to constructive dismissal.
For example, repeated shift cancellations combined with fewer weekly hours and a move to undesirable shifts can substantially change the overall employment arrangement.
How Much Notice Does an Employer Have to Give to Change Your Schedule?
There is no single Canada-wide rule requiring every employer to give the same amount of notice before changing a work schedule.
The rules differ between Ontario, Alberta and British Columbia. Your employment contract, workplace policy or established practice can also provide greater scheduling protections.
Even where employment standards allow a scheduling change on relatively short notice, that does not necessarily answer the separate question of whether a major permanent change breaches your employment agreement or amounts to constructive dismissal.
Can your employer change your schedule after it has been posted?
Potentially. A posted schedule does not create the same legal restriction in every province.
Some employers have statutory notice requirements, while others may be governed by an employment contract or workplace policy. The seriousness of the change also matters.
If a last-minute change conflicts with provincial hours-of-work or rest rules, a contractual promise or a protected accommodation need, you can have additional rights.
Can your employer change your shift at the last minute?
The answer depends on where you work. Alberta, for example, generally requires at least 24 hours’ written notice when an employee is required to change from one shift to another, subject to applicable exceptions and special rules.
Ontario and British Columbia have different scheduling rules, which is why employees should use the provincial guides below for exact notice requirements.
Can Your Employer Reduce Your Hours?
An employer can sometimes adjust your hours, but a substantial or permanent reduction can amount to constructive dismissal.
Reducing hours can have the same practical effect as reducing your wage because your total income falls even if your hourly rate stays the same.
Examples of potentially significant reductions include:
- Reducing a 40-hour week to 20 hours
- Regularly removing shifts that form a large part of your income
- Changing a permanent full-time job into part-time employment
- Leaving you with little or no scheduled work indefinitely
There is no single Canada-wide percentage that automatically makes a reduction constructive dismissal. The impact on your income, status and overall employment relationship matters.
Can your employer stop scheduling you?
Removing you from the schedule entirely can amount to a termination, temporary layoff or constructive dismissal depending on the circumstances.
Don’t assume that having no shifts means you resigned or abandoned your position. Ask your employer to confirm your employment status and the reason you are no longer being scheduled.
Can your employer cut your hours as punishment?
An employer can’t lawfully reduce your hours because you exercised a workplace right that is protected from retaliation or reprisal.
For example, legal protections can apply when an employee is punished for asserting employment standards, health and safety, leave or human rights protections. The exact rule depends on the province and the right involved.
What Should You Do If Your Employer Changes Your Hours?
Document the old and new schedules, review your employment terms and object promptly if the change is significant and you do not agree.
- Save your schedules. Keep copies showing your previous hours and the new arrangement.
- Ask for the change in writing. Confirm when it begins, whether it is temporary and why it is happening.
- Review your employment contract. Look for terms dealing with scheduling, shifts and hours.
- Calculate the impact. Determine whether your income, benefits or full-time status will change.
- Object promptly if necessary. If you do not agree to a substantial permanent change, say so in writing.
- Keep working unless advised otherwise. Missing shifts or refusing work without understanding your rights can create problems.
- Get advice before resigning. Confirm whether the change actually meets the constructive dismissal threshold.
Can you refuse a schedule change?
You should not automatically refuse a reasonable and lawful scheduling change.
An unjustified refusal to work can lead to discipline. You may have stronger grounds to challenge the change if it substantially alters your employment, breaches your contract, violates employment standards or conflicts with a protected accommodation need.
What if the new schedule conflicts with childcare or a disability?
A schedule change can trigger human rights obligations when it conflicts with a legitimate need connected to a protected characteristic, such as disability or family status.
That does not mean every scheduling preference must be accommodated. If a protected need is involved, make the request clearly and provide reasonable supporting information where required.
Can you get severance because your schedule changed?
Yes, if the change is serious enough to amount to constructive dismissal.
You can then pursue compensation as though the employer terminated you without cause. Depending on your circumstances, common-law severance pay can reach as much as 24 months’ compensation in appropriate cases.
Work Schedule Rules in Ontario, Alberta and British Columbia
The constructive dismissal principle is broadly similar across Ontario, Alberta and BC, but employment-standards rules about scheduling, notice, rest periods and reporting pay differ.
Ontario
Ontario does not generally require 24, 48 or 72 hours of notice for every ordinary shift change, but the province has specific hours-of-work, rest and reporting-pay rules. Read Can My Employer Change My Hours Without My Consent in Ontario?
Alberta
Alberta generally requires at least 24 hours’ written notice when an employee is required to change from one shift to another, along with minimum rest between shifts, subject to applicable exceptions. For significant reductions in work, read Can My Employer Reduce My Hours in Alberta?
British Columbia
BC employers generally have scheduling flexibility subject to employment-standards requirements, but a substantial change in hours or working conditions can still have termination or constructive dismissal consequences. Read Can My Employer Change My Work Hours in BC?
Changing Work Hours and Schedules in Canada: FAQs
Can my employer change my schedule without asking me?
Yes, employers can often make reasonable scheduling adjustments without obtaining consent for every change. A substantial permanent change to an important employment term can be different and may amount to constructive dismissal.
Can my employer change my schedule after it is posted?
Possibly, but the rules differ by province. Your employment contract, workplace policy and provincial scheduling rules can affect how much notice is required and whether the change is permitted.
Can my employer force me to work a different shift?
An employer can generally require a reasonable and lawful shift change, but a major permanent change can breach the employment relationship. A move from long-standing days to permanent nights is much more significant than an occasional shift adjustment.
Can my employer cut my hours without cutting my hourly wage?
Yes, but a substantial reduction in hours can still amount to constructive dismissal because it reduces your total income and may change your employment status.
Should I quit if my employer changes my schedule?
No—not before getting legal advice. If the change amounts to constructive dismissal, you may be entitled to severance. If it does not, your employer could argue that you voluntarily resigned.
Get Advice Before Accepting a Major Schedule Change
An occasional shift adjustment is part of many jobs. A permanent change that substantially affects your hours, income, employment status or established working arrangement is different.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia assess significant changes to work schedules, shifts and hours.
Before you resign, refuse shifts or accept a major permanent change, understand whether your employer has crossed the legal line.