Companies not paying Stat Holiday Pay

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Anonymous99
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Companies not paying Stat Holiday Pay

#1 Post by Anonymous99 » Thu Mar 07, 2013 8:24 pm

How many guys/gals out there get paid for federal stat holiday pay?

I know transport invests tons of time and money into investigating all sorts of nonsensical issues within flight departments, I am just curious as to why the labor board doesn't practice the same due diligence investigating proper labor practices.

It seems like quite a few companies in aviation seem to be able to skirt around this, and we as pilots let it happen, costing us hundreds or thousands of dollars a year.

It seems the only way for this practice to end within a company is if somebody sticks their neck out and files a complaint with the labor board, then the company only has to pay back 1 year retroactively for all employees affected, However there is no fine or deterrent for companies doing this. They get to knowingly not pay employees a legal requirement and only when they are caught do they have to pay back 1 years worth, even if they have knowingly been breaking labor code for years. Doesn't seem right.

Was hoping to get some discussion going on the matter to see how many other people out there do or do not get federal stat holiday pay.

Was told today by federal labor office today that they do random checks ( and that they were proud of their enforcement) and asked the name of my employer which I gladly gave. Another option for those afraid of getting burned.
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Last edited by Anonymous99 on Fri Mar 08, 2013 8:02 am, edited 2 times in total.

carryon
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Re: Stat Holiday Pay

#2 Post by carryon » Thu Mar 07, 2013 9:01 pm

Interesting subject as I think you may be on to something here as I'm sure there are more operators than we think getting away with this illegal activity. You are absolutely correct in the fact that there is no penalty placed upon the operator and retroactive compensation for general holidays is only 1 year once the operator is brought to terms. It would be nice to see enforcement of the Canada Labour Code in the aviation sector, however I'm sure it will be a difficult task convincing every tax payer in the country to empty their pockets of a few more shillings for our benefit!

Chartright is one of these organizations that are skirting around this. No stat holiday pay and no schedule.
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Re: Stat Holiday Pay

#3 Post by esp803 » Fri Mar 08, 2013 5:20 am

Interesting,

At my last company I was always paid Stat pay, and it was always WAY more then I was expecting. I was on a day rate + millage system, so I always expected it to be based on the day rate. I think it was a percentage of my average daily earnings over the last little while, which in some cases made for a pretty good addition to the check! I never asked about how it was calculated because I was always happy with the end result.

E
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Anonymous99
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Re: Stat Holiday Pay

#4 Post by Anonymous99 » Fri Mar 08, 2013 8:01 am

So the companies that do not play by the rules get an unfair financial advantage over those who do, 10-100s of thousands a year depending on the size of the company.
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Re: Companies not paying Stat Holiday Pay

#5 Post by Tiny Tyke » Fri Mar 08, 2013 8:14 am

I took a former employer to the labour board over Stat Holiday and Vacation pay amongst other things. They were not at all helpful and ruled against me. You will have major problems convincing them especially if you are on reserve and only end up actually flying 15 days/month. I challenged the Labour Board's ruling and I went to arbitration. The arbitrator ruled in my favour on some other points he dismissed the vacation and stat pay claim almost immediately.

The federal labour board is very pro-employer from my experience. Canada is way behind in that respect.
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Re: Companies not paying Stat Holiday Pay

#6 Post by nottellin » Fri Mar 08, 2013 8:56 am

Tiny Tyke wrote:I took a former employer to the labour board over Stat Holiday and Vacation pay amongst other things. They were not at all helpful and ruled against me. You will have major problems convincing them especially if you are on reserve and only end up actually flying 15 days/month. I challenged the Labour Board's ruling and I went to arbitration. The arbitrator ruled in my favour on some other points he dismissed the vacation and stat pay claim almost immediately.

The federal labour board is very pro-employer from my experience. Canada is way behind in that respect.
Really?? Well at the company I used to work for they never paid us for stats or if you worked on a stat time and a half, we took them to labor board and they lost, we were on a reserve system also. I found the board very helpful but was disappointed that they only went back a year, not incentive to play by the rules for shady operators. Everyone got paid!!
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Re: Companies not paying Stat Holiday Pay

#7 Post by Tiny Tyke » Fri Mar 08, 2013 10:56 am

Wow. I wish that was the case for me but unfortunately it was not.
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Re: Companies not paying Stat Holiday Pay

#8 Post by Green Onions » Fri Mar 08, 2013 11:11 am

A number of years back Air Tindi was refusing to pay stats or give days in lou to any pilots. All other employees received stats. Problem was most of the pilots were more than happy to just take it. One phone call to Labour Relations and by the end of the week we were all receiving 9 extra days to bid as vacation each year. The woman at Labour Relations couldn't believe it and said she would make a phone call to Tindi. Thats all it took, didnt have to file an official complaint.
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Re: Companies not paying Stat Holiday Pay

#9 Post by stopbar » Sat Mar 09, 2013 7:50 am

Worked at one employer where nobody questioned the practice ( just another workday in your schedule, no-stat and no in lieu of) till a few new employees raised the issue and complained and now the company is closed on federal holidays.(cost too much to do business on those days)

Know your rights people!
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Re: Companies not paying Stat Holiday Pay

#10 Post by aerosexual » Sat Mar 09, 2013 9:05 pm

At least one of the east coast "airlines" also seems to get away with this practice, and most of the pilots there accept it thinking it's acceptable. Pretty sad when you think about it. Glad some people are fighting this and getting somewhere.
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Re: Companies not paying Stat Holiday Pay

#11 Post by ragbagflyer » Sat Mar 09, 2013 11:29 pm

stopbar wrote:Worked at one employer where nobody questioned the practice ( just another workday in your schedule, no-stat and no in lieu of) till a few new employees raised the issue and complained and now the company is closed on federal holidays.(cost too much to do business on those days)

Know your rights people!
They would still have to pay a days wage for those days, just not double time and a half.
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Re: Companies not paying Stat Holiday Pay

#12 Post by seasonaldriver » Wed May 03, 2017 3:55 pm

I'm going to do a resurrection on this thread.

Here's aquestion for you people.

I get paid straight mileage, no reserve, no base salary. This is to my way of thinking the same as an incentive based system such as a salesman's commissions,a category which is covered under labour legislation.
So, if I don't do any flying on a Federal holiday, you think I should be paid for it? I have a call in to the federal labour people but with flying all day it is a challenge to get an answer when I am actually near a telephone.

Just trying to get my facts in a row before I talk to my employer.

Thanks
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Re: Companies not paying Stat Holiday Pay

#13 Post by AWOS » Thu May 04, 2017 12:31 pm

I spent last Christmas sitting in a remote base on call all day. Didn't end up getting called all day, and because I didn't turn a prop, I didn't receive any stat pay for the 25th.

Ended up getting "conveniently" called shortly after midnight and had to work a 12 hour night shift.
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Re: Companies not paying Stat Holiday Pay

#14 Post by Cat Driver » Thu May 04, 2017 1:24 pm

I would have refused the trip due to not feeling physically fit to do it.

And then start looking for another employer.
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Re: Companies not paying Stat Holiday Pay

#15 Post by dogfood » Thu May 04, 2017 1:41 pm

My old company didn't pay stats, overtime (you worked way more than 50 hours a week) or give your 2 weeks vacation. There reason was your on salary and on a rotational schedule (20 on 10off). I personally thought it was BS so did everyone else but nobody ever complained. If you were ever caught complaining or you could kiss away the captain upgrade and if you were a captain they went out of their way to give you all the shitty trips so it just wasn't worth it to complain.
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Re: Companies not paying Stat Holiday Pay

#16 Post by seasonaldriver » Thu May 04, 2017 8:02 pm

I was in a bit of a similar situation. Got called the evening before the federal holiday and told I wasn't flying the next day, therefore no pay. I waited to see if the stat was on my paycheck. Nope. I am getting my facts together to see what I am owed but I think they average your daily mileage for the previous 12 weeks to determine a daily pay and you should be getting that. But I am checking accuracy of that info before I confront my employer, or have the federal labour board do it.
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Re: Companies not paying Stat Holiday Pay

#17 Post by SnotRocket » Sat May 06, 2017 6:52 am

I once called up an old employer and asked them if I was supposed to get stat holiday pay during my 2 year tenure with them. I was sent a cheque complete with all my stat pay no questions asked.
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Re: Companies not paying Stat Holiday Pay

#18 Post by co-joe » Sat May 06, 2017 5:40 pm

Seems to me any company can just drop their pay 10%, and then ad on 10% vac and stat pay and they've met the law. You catching them that they've forgotten to or not bothered to delineate it properly on your cheque and asking for back pay is kind of underhanded.

You agreed to work for said wage. Catching them on a technicality and then wanting back pay seems below the belt to me.
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Re: Companies not paying Stat Holiday Pay

#19 Post by AirFrame » Sun May 07, 2017 8:30 am

co-joe wrote:You agreed to work for said wage. Catching them on a technicality and then wanting back pay seems below the belt to me.
If it's like most offers, you agree to take a job for a certain wage offer, with little more info about the details beyond that. But implicit in the offer is that other standard conditions will apply. For my desk job I assume i'll get statutory holidays off, but it's never been in any offer i've received.
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Re: Companies not paying Stat Holiday Pay

#20 Post by co-joe » Sun May 07, 2017 12:54 pm

Agreed.

In construction its always payed on every cheque, but it's considered part of the wage. In manufacturing I found the shop was just closed those days and they banked vacation pay off of every cheque, which after a year added up to 2 weeks off with pay. If you work the stat its usually banked at straight time, or payed out at time an a half.

This is the only federally regulated industry I've ever worked in and Canada labour code wasn't taught in flight school, so I'll fully admit I'm not very knowledgeable.
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