Example: An averaging agreement specifies a 4-week averaging period to be repeated 13 times. During the second week of the 10th repetition of the averaging period, the employer informs the employee that the agreement must be terminated. At the earliest at the end of the 10th repetition of the average period, it can be canceled. If an employee is excluded by the regulation of section 40 of the Act and the order provides overtime requirements to replace those of section 40, employers and employees may still elect to enter into an agreement of average value under section 37. In this case, section 37 of the Act takes precedence over the overtime requirements set out in the Employment Standards Regulations. 40 hours (maximum working time within a one-week schedule) Example: A “short-haul truck driver” within the meaning of § 1 of the Employment Standards Regulation is excluded from sections 35, 40 and § 42, paragraph 2, of Part 4 of the Act. Subsection 37.3(3) of the Employment Standards Regulations requires that overtime be paid after certain hours of work. The “short-haul truck driver” can enter into an averaging agreement, since the regulation does not exclude him from section 37 of the Act. If the parties enter into an averaging agreement, the provisions of section 37 of the Act determine the calculation of overtime and eligibility. In this case, the agreement under § 37 excludes the driver from the provisions of the ordinance relating to overtime. In British Columbia, the normal workday is 8 hours and the standard work week is 40 hours.
If these hours are exceeded, overtime is usually payable. The number of hours worked per day and the number of hours worked per week must be taken into account in the calculation of overtime. For the calculation of overtime, British Columbia`s employment standards refer to a week that runs from Sunday to Saturday. The employee must work a total of 34 hours. However, every day, the employer required the employee to work an overtime hour. Overtime added to the schedule on Mondays and Wednesdays must be paid at 1.5 times the normal wage, as it is the unplanned working hours that are worked more than 8 times a day. The extra hour of work on Tuesday is paid twice the normal wage, as all periods worked over 12 years are paid at 2 times the regular wage. The extra working hour on Thursday is paid at normal time, as only unplanned working time greater than 8 leads to daily overtime. You and an employee can agree to calculate the employee`s hours of work on average over a period of one or more weeks to determine an employee`s entitlement to overtime.
The week(s) used for the average agreement must start on a Sunday. These agreements must also: An employee who works under an intermediate agreement is still entitled to overtime pay in the amount of: If an employee works during his or her rest period (e.g. B due to an emergency), he must be paid for overtime. Working during a meal break does not always result in overtime pay. For example, if an employee worked the next 36 hours in a week, he would be entitled to 5 hours paid after a time and a half and 1 hour paid twice. (i) is in writing, (ii) is signed by the employer and the employee before the start date set out in the agreement, (iii) indicates the number of weeks during which the agreement applies, (iv) determines the work schedule for each day covered by the agreement, (v) how often the agreement can be repeated, if necessary, and (vi) provides for a start date and an expiry date for the period referred to in point (iii)(2). Employers and employees enter into an average agreement of two weeks with a total of 90 hours of working time. The agreement is not valid because the average working time exceeds 40 per week. Therefore, section 40 of the Act would apply to the calculation of overtime. Accession is important here – an interim agreement should be mutually agreed and it should not be controversial. Since this is an individual agreement and not a group agreement, each employee must accept and sign the terms. For example, an employee who plans a work week with 4 shifts of 10 hours may be subject to an averaging agreement using a 2-week average cycle.
During the 2-week average cycle, the employee can work an additional 10-hour shift each week for a total of 100 hours in the cycle. The employer should pay this employee after an hour and a half for the 20 hours that exceed the average of 40 hours during the average cycle. An average agreement is an agreement between an employee and an employer that allows the employee to work a modified schedule. It also benefits the employer by averaging an employee`s hours over several weeks, which can exempt the employer from paying overtime. Agreements may apply to an employee or a group. Workers working under average agreements where hours are averaged over a period of more than one week must either receive 32 consecutive hours not worked for each week during the average period or receive 1.5 times their normal wage for hours worked, rather than receiving hours not worked. Employees may also be entitled to overtime rates based on the number of hours worked in a week. If employees work on average more than 40 hours per week during the period specified in the agreement, they are entitled to one and a half hours for more than 40 hours of work. When you calculate an employee`s average weekly hours, you count the first 12 hours the employee worked each day and exclude all hours that exceed the scheduled hours for which daily overtime rates were paid. .