It's incredible how many employment contracts in Ontario include clauses as generic and restrictive as these: 

• "The employee will work as many hours as necessary to fulfill his or her duties," or, 
• "Flexible hours based on business needs." 

At first glance, anyone who needs the job assumes it’s reasonable—until they realize that those “required hours” turn into 55, 60, or 65 hours a week, with no additional pay, and without anyone having explained to them that the contract they signed contained “something” beyond what they were supposed to agree to.

In light of this abuse, I’ll tell you what you need to know to defend your rights, because, given the way these clauses are typically worded, it’s very likely that they don’t carry the legal weight your employer thinks they do.

Read along with me until the end and learn how Canadian law protects you from workplace abuse.

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The ESA is the law in Ontario, and no one can make you give it up

In Ontario, the Employment Standards Act ( ESA) sets clear limits on how many hours your employer can require you to work, and under what conditions. 

These limits are not suggestions; they are the legal minimums that must be met, and no contract may reduce them. 

Any clause that attempts to provide you with fewer resources than those guaranteed by the ESA is void, regardless of whether you signed it voluntarily.

Specifically, this includes your right to:

• Do not work more than 8 hours a day (or the established regular workday, if it is longer) without a valid agreement.
• Do not work more than 48 hours a week without your written consent.
• Receive overtime pay (1.5 times your regular wage) after 44 hours per week, except in specific cases where exemptions apply.
• Have at least 11 consecutive hours of rest between shifts.
• Have at least 24 consecutive hours of rest each week (or 48 hours every two weeks).

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IMPORTANT: A phrase as generic and open-ended as “hours as required” does not meet the legal requirements that would allow your employer to require you to work hours beyond these limits.

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Why is a generic clause usually invalid?

In order for an employer to require an employee to work more than 8 hours a day or more than 48 hours a week, the employer must rely on clear guidelines that specify precise situations and defined numbers established by law.

The ESA won't settle for vague statements and will never endorse an employment contract that lacks transparency!

The ESA requires:

1. A specific, written (or electronic) agreement in which you expressly agree to the additional hours—not a general clause hidden among other terms of the contract.
2. That, before signing, the employer has provided you with the most recent information sheet from the Ministry of Labor regarding working hours and overtime—a document that most workers have never seen.
3. If the number of hours exceeds 48 per week, the employer must also obtain approval from the Ontario government’s Director of Employment Standards —something most companies do not have.

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In conclusion, if your “overtime agreement” does not follow these steps, it is very likely that it is invalid, which means your employer never had the right to require you to work those hours. 

In other words, he broke the law.

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What to Do If You Signed a Generic Clause That Is Against the Law

ESA protects your rights.

If you signed a contract with a clause that reads, “hours as required,” and you have been consistently working more than 44 hours per week without receiving overtime pay, check the following immediately:

• If you ever signed a specific agreement regarding overtime, separate from the general contract.
• Whether you were given the Ministry of Labor's information sheet before being asked to work those hours.
• If you have been working more than 48 hours per week without your employer having government approval.
• Whether you have been paid overtime correctly for the hours that exceed the weekly 44-hour threshold.

If the answer to several of these questions is "no," you are likely entitled to claim back pay for overtime, which can cover up to two years under the ESA.

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Recommendations 

In situations of employment vulnerability, remember that your rights are protected by the ESA.

Signing a vague contract—one that binds you or fails to respect your legal working hours or pay—does not mean that you have automatically waived your rights. 

In Ontario, even workers cannot voluntarily waive certain protections—and this includes their right to reasonable limits on working hours and to be paid for any overtime they work.

If your workday has been extended beyond the normal hours “because the contract says so” and you are not satisfied, it is worth having someone with legal expertise review the document so they can explain to you clearly and transparently whether or not that contract supports the due process your employer is required to follow.

Official ESA source: https://www.ontario.ca/document/your-guide-employment-standards-act-0.


Does your contract have a general clause, and do you feel like your hours have gotten out of control?