1. An employer shall enter into a verbal agreement with an employee to work three days of 12 hours per week. Since the agreement is not in writing in accordance with § 7 (2) (a) (i), all the conditions of § 37 (2) have not been fulfilled and therefore the agreement is not valid and § 40 applies to the calculation of overtime. 3. An averaging agreement shall establish a schedule of 12 hours per day and one day per week. If all the other contractual conditions of § 37 (2) are met, this would be a valid agreement. 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.
There are many other nuances in the use of overtime placement agreements, and I strongly recommend getting advice on this in advance, or at least reading the “Average Agreements” fact sheet on the Employment Standards Branch B.C website. 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. (14) The application and enforcement of an average agreement under this Division shall not be construed as a waiver within the meaning of Division 4. There is no limit to the duration (for example, how many “periods”) the agreement can last on average. For example, the agreement itself cannot expire for two years, but the maximum number of weeks that can be used to calculate overtime eligibility in a given period is four weeks. Example: The job ends 2 weeks over an average period of 4 weeks.
A total of 90 hours were worked. Weekly overtime would not be due, since the total number of hours worked did not exceed 160 hours (4 weeks X maximum 40 hours per week) 37. (1) Notwithstanding §§ 35, 36 para. 1 and 40, but subject to this Division, employers and employees may agree to determine the average working time of the worker over a period of 1, 2, 3 or 4 weeks in order to determine, where appropriate, the worker`s right to overtime pay under paragraphs 4 and 6 of this Section and the wages to be paid in accordance with paragraph 8 or paragraph 9(b) (2) An averaging agreement under subsection (1) is valid only if section 37 (12) of that section ensures that section 37 (2) to (11) is part of the terms of the average value agreement. § 37 (13) The average value agreement, including any modification of the agreement in accordance with § 37 (10), must be kept by the employer for 4 years after the expiry of the contract. If the average agreement has been repeated, the recordings must be kept for 4 years after the last expiry date. Subsection 37 (14) The application and enforcement of an averaging agreement under this section is a minimum requirement under the Act and, as such, not a waiver described in section 4 of the Act. Employees covered by a collective agreement An employee is entitled to a public holiday if he or she has been employed for 30 calendar days and has worked in the 30 days preceding the public holiday under an intermediate agreement. 10.
At the worker`s written request, employers and workers may agree to adapt the working hours referred to in point (a)(iv) of paragraph 2, provided that the total number of hours provided for in the agreement remains the same. 11. The parties to an averaging agreement under this Section shall be bound by this Agreement until the expiry date set out in the Agreement or at a later date provided for in an agreement to renew the means agreement, and the provisions of the AVERaging Agreement shall apply for the purposes of determining the worker`s right, where applicable, the remuneration for the overtime hours referred to in paragraphs 4 and 6 and those referred to in paragraph 8 or paragraph 9. (b) the wages to be paid. 12. Subsections (2) to (11) are deemed to be part of an averaging agreement under this Division as the terms of the agreement. Do overtime rates apply to an employee who works under an average agreement? It depends on both the number of hours planned and the number of hours worked. Under an averaging agreement, an employee can be scheduled to work up to 12 hours a day without reaching overtime rates. Section 37 of the Employment Standards Act allows employees and employers to agree on irregular work schedules that would otherwise increase overtime. As an employer in tourism, you may find that intermediary agreements offer a certain degree of flexibility and associated cost savings. Employees may submit a written request to amend their average agreement as long as the total number of hours provided for in the agreement remains the same. An average agreement must be signed by both the employer and the employee before the start date.
It must also contain: v. If the agreement is to be repeated during a planning period of 1 to 4 weeks, the number of times to be repeated or the date of the last day of the last week to be repeated must be specified in the agreement. For a more detailed overview of the provisions of the Agreement on Means, see Section 37 of the ESA. For more information, see the following Sectoral Guidelines on Employment Standards: Fact Sheet on Averaging Agreements, Fact Sheet on Variances and Guidelines on the Interpretation of Average Agreements. The overtime provisions are intended for a situation in which employees are regularly scheduled for an unusual day. An example would be a constant work week with 4 shifts lasting 10 hours. With an overtime placement agreement, employers can use this type of schedule without being required to pay overtime rates. One of the few provisions of the B.C.
Employment Standards Act that employers consider to be to be to their advantage is overtime (section 37). Essentially, average overtime allows employers to schedule non-standard shifts without having to pay for them at the overtime rate (one and a half or two times). Under an average agreement, employees who are required to work eight hours or more per day must receive up to 12 hours, or 1.5 times the employee`s regular salary, only for hours worked beyond scheduled hours. Again, this means that an employee who has to work up to 12 hours a day is not entitled to overtime pay under an average agreement. While the agreement can`t get employees to work more than 40 hours a week on average, that doesn`t mean it`s not allowed to work more than 40 hours a week. iv. The contract must include a daily schedule and must not exceed a total of 40 hours in a period of 1 week or an average of 40 hours in a period of 2 to 4 weeks. (See 37(3) and Example 2 below). If an agreement provides for more than 12 hours per day, all time worked more than 12 hours is due to double the employee`s normal salary.
(See § 37(4)). While this subsection limits the total number of hours that can be scheduled in an agreement, this section does not limit the number of days scheduled per week and per hour of day. (See Example 3 below) Subsection (2) This subsection sets out the terms of the contract. If an agreement does not meet all the conditions set out in subsection 37(2), the Director will conclude that the averaging agreement is not valid and that section 40 of the Act applies to the determination of entitlement to overtime and compensation (see example below) and that subsection 36(1) of the Act also applies to the determination of bonus wages due for work performed during a 32-hour rest period. 37(2)(a): Example: a `short-haul truck driver` within the meaning of Article 1 of the Employment Standards Regulation is excluded from Part 4, Articles 40(35), 40 and 42(2) of the Law. Section 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. Article 37(11) This subsection requires the parties to an agreement until its expiry, whether at the end of the planning period or at the end of the agreement, to repeat the schedule. Termination of the contract due to the termination of the employment relationship If the employment relationship ends in part over a planning period (1 to 4 weeks), the calculation of weekly overtime in § 37 applies as if the employee had remained employed until the end of the planning period and daily overtime is also calculated in accordance with this section. Properly enforced, mediation agreements can save employers a lot of money – why not use one of the few gifts for employers included in the law? Example: A “manager” is excluded from Part 4 of the Act under section 32(1) of the Employment Standards Regulations.
A “manager” and his or her employer cannot enter into an averaging agreement under section 37 because managers are excluded from Part 4 of the Act in its entirety. This requirement must be read together with the request to the employer to establish a working schedule for each day covered by the cycles in which working time is used. If an investment contract lasts four weeks, the model of hours and days worked must be established for each of the twenty-eight days of this four-week period. This works well when a sufficient group of employees share the same work model, but perhaps not so well that all employees have worked the same cycle of work days and breaks, but employees start these cycles on different days, that is, some employees start an average 4-week run on Monday, a little more on Tuesday, a little more on Wednesday, and so on. .