Overtime in the averaging period is calculated as if the employee had worked the remaining scheduled shifts during the averaging period (the rules for the daily period or the averaging period apply). Under an average agreement, employees who are required to work eight hours or more per day must receive 1.5 times the employee`s regular salary only for the hours worked during scheduled hours up to 12 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. An employee must receive a copy of the agreement before the date on which the period specified in the agreement begins. Employers must also keep a copy of the agreement for two years after the end of the employment relationship of the employee to whom the agreement applies. Employees must be paid for all the hours they work, one and a half hours that exceeds the average of 40 hours per week for the period covered by the agreement. You and an employee can agree to calculate the hours worked by the employee over a period of one or more weeks to determine an employee`s entitlement to overtime. The week(s) used for the mediation of agreements must begin on a Sunday. Such agreements should also: If you have problems at work, find out what you can do: Setting up an intermediate agreement can be a difficult balancing act with many moving elements to consider. If you`re not sure if you`re on the right track with your overtime management or average deal, we`re here to help! A key aspect of the provisions of the Law on average overtime is that there must be a written and signed agreement on the transmission of overtime before the start of overtime. (Employers who want to retroactively determine that there is agreement on average hours of work may assume that they receive little sympathy from the Department of Employment Standards.) There are many other nuances in the use of average overtime agreements, and I strongly recommend seeking advice on this beforehand, or at least reviewing the “Average Agreements” fact sheet on the Employment Standards Branch B.C website. An HWAA can be requested by the employee or employer, while an FAA can only be requested by the employee. The agreement can only set a schedule for the employee and must be made available to him in advance.
An averaging period must also be established. Its duration is determined by the nature of the averaging agreement. Employers can set their new schedule over several weeks. The number of weeks agreed is considered a cycle. During the averaging cycle, regular hours should average 40 hours or less per week over a maximum period of 12 weeks. See below for examples. Where a collective agreement provides otherwise, the obligation to move from one shift to another must be consistent with the collective agreement. The employer must allow each employee concerned a written period of 2 weeks before the start of the average value plan, unless both parties agree otherwise. If the employer provides hours not worked, these hours can be scheduled at any time during the averaging period. This means that they can be programmed one after the other every week or during the average period.
Overtime hours calculated on a daily and average basis. Overtime is paid on the higher number of hours worked of more than 452 hours / 12 weeks = 37.6 hours per week, which meets the average requirement of no more than 40 hours per week. Employees working under an average agreement where hours are averaged over a period of one week must receive at least 32 consecutive hours not worked each week. Adherence is important here – an average value deal should be mutually agreed Previously, compressed weekly chords were available as an average chord. This agreement allowed employees to work fewer days during the week and more than 8 hours on work days without it being considered overtime. Lol If an employer wishes to offer new standard hours of work that exceed 12 hours per day or 60 hours per week, or if the average cycle is greater than 12 weeks, an application for an average permit must be subject to employment standards. Employees may make a written request to amend their average agreement as long as the total number of hours provided for in the agreement remains the same. However, the provisions on average overtime are not appropriate for working hours that are inconsistent or involve random overtime. Simply put, average overtime does not eliminate overtime rates of pay and does not protect employers who only sporadically require an employee to work longer days or weeks.
While the agreement does not allow employees to work an average of more than 40 hours per week, this does not mean that it is not allowed to work more than 40 hours per week. If employees do not work in a work-sharing environment, the written agreement should be made available to each affected employee. Existing averaging agreements remain valid until the earlier of: Overtime is calculated on a daily or average basis. Employers can choose one of 2 options. The average agreement can only specify a work plan that applies to the employee. During or at the end of an average period, an employer may have at least 2 weeks` notice to each employee concerned: an average agreement may be concluded between an employer and an individual employee or a group of employees. To reach an average agreement, employees must regularly work 30 hours or more per week and not be unionized. An employee under an average value agreement may at any time file a complaint against an employer for non-payment of wages or overtime pay, or both, while the average value agreement applies to the employee, or inside: The employer may also change the schedule if the average value agreement provides as follows: Accession is important here – an average agreement must be mutually agreed, and it must not be challenged.
Since this is an individual agreement and not a group agreement, each employee must accept and sign the terms. Finally, the hours provided for during the period covered by the agreement may not exceed 40 per week on average. While average agreements can minimize the amount of overtime an employee can pay, an average agreement does not eliminate the requirement to pay overtime in full. Employers may require or allow employees to work modified schedules using an average rule. If an employee does not sign an average agreement, the employer can terminate their employment. However, as with any other dismissal without giving reasons, you will need to give the employee reasonable notice or payment instead of dismissal, which could be costly! If no new agreement is concluded before the expiry date, minimum standards will apply. The flexible average contract, which is not part of a collective agreement, is valid: in short, an average contract is an agreement between an employer and an employee that allows an employer and an employee to calculate the number of hours worked over one, two, three or four weeks and eliminates the need to pay overtime for the hours covered by the agreement. If overtime is due during the averaging period, some additional calculations are required. These calculations ensure that hours are not counted twice, both as average overtime and as flexible time.
The calculation looks like this: Before you make an average deal, there are a few important facts that you need to clarify. There is no limit to the duration (p.B how many “periods”) the agreement can exist on average. For example, the contract itself may not expire for two years, but the maximum number of weeks that can be used to calculate entitlement to overtime in a given period is four weeks. An employee is entitled to a statutory holiday if he or she has been employed for 30 calendar days and has worked in the 30 days preceding the holiday under an average agreement. An average agreement is an agreement between an employee and an employer that allows the employee to create a modified schedule. It also benefits the employer by averaging an employee`s hours over several weeks, which can exempt the employer from having to pay overtime. Agreements may apply to an employee or a group. The average hours can be calculated over cycles of 1, 2, 3 or 4 weeks. The number of hours may be different each day or week during the average cycle. However, the average number of hours per week covered by the agreement must not exceed 40. The provisions relating to the announcement of overtime are intended for a situation in which employees are regularly scheduled for an atypical day.
An example would be a uniform work week with 4 shifts lasting 10 hours. With an average overtime agreement, employers can use this type of schedule without any obligation to pay overtime rates. the start and expiry date of the duration of the agreement, as well as the calculation of the flexible period, depend on whether overtime is due during the averaging period. For a more detailed overview of the provisions of the Averaging Agreement, see Section 37 of the ESA. For more information, see the following industry guidelines for employment standards: Fact Sheet on Averaging Agreements, Variance Fact Sheet, and Interpretation Guidelines for Medium Agreements. .