The hours can be used for cycles of 1, 2, 3 or 4 weeks. The number of hours may vary each day or week during the average cycle. However, the average number of hours per week covered by the agreement must not exceed 40. 10. At the worker`s written request, the employer and the worker may agree to adapt the work plan referred to in paragraph 2(a)(iv), provided that the total number of hours provided for in the agreement remains the same. 11. The parties to a financing agreement under this Section shall be bound by this Agreement until the expiry date set by the Agreement or at a later date provided for in an agreement to reshearse the Financing Agreement, and the provisions of the Resource Agreement shall apply for the purposes of determining the worker`s right, where applicable, overtime wages referred to in paragraphs 4 and 6 and wages referred to in paragraph 8 or Article 1. z 9(b). 12. Paragraphs 2 to 11 shall be considered to be included in a financing agreement under this Section as contractual conditions.
One of the few provisions of the B.C. Employment Standards Act that employers consider to be to their advantage is the determination of average overtime (section 37). Essentially, averaging overtime allows employers to schedule employees for non-standard positions, without having to pay them at overtime rates (an hour and a half or two). While there is no binding format for an overtime funding agreement (and the agreement should not be subject to the employment standards branch), certain requirements must be met. The agreement must indicate. i. The agreement must be in writing. Oral derèces are not valid (see example 1 below). Workers who work under average agreements in which hours are publicized over a period of more than one week must either receive 32 consecutive hours of work per week during the average period or receive 1.5 times their normal wage for the time worked instead of receiving unemployed hours. 2. Employers and employees shall conclude an average agreement of two weeks with a total working time of 90 hours. 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. 37 (2) (b): The daily work plan in a funding agreement shall not provide for more than 40 hours in a one-week schedule or an average of 40 hours in a 2- to 4-week schedule, as set out in section 37(3). 37 (2) (c): The worker must receive a copy of the agreement before the work plan begins during the average period. (14) The application and implementation of a funding agreement under this Section should not be construed as an exception described in Section 4. However, overtime provisions are not appropriate for work plans that are inconsistent or that present accidental overtime incidents. Simply put, average overtime does not eliminate overtime pay and does not protect employers who only sporadically request that an employee work a longer day or week. Note: Overtime wages that are earned at work under an average agreement under Section 37 may be deducted in accordance with Section 42 of the Act. .