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. The employee must receive a copy before the agreement comes into force. Averaging agreements do not need to be submitted to the Employment Standards Branch. Under section 37 of the Act, you and your employees can agree on the “average” overtime worked. This often happens when employees have to work longer but fewer days, for example by rotating four days of 10 hours. Each service agreement must comply with certain rules of Article 37. Below is a non-exhaustive list representative of the requirements referred to in § 37: (10) At the employee`s written request, employers and employees may agree to adjust the work schedule 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 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. 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. 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 does not exceed 160 hours (4 weeks X maximum 40 hours per week), (b) the schedule of the agreement referred to in point (a)(iv) corresponds to paragraphs 3 and (c) the employee receives a copy of the agreement before the day on which the period specified in the agreement begins. 3. (i) is in writing, (ii) is signed by the employer and 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 may be repeated, if any, and (vi) provides for a start date and expiry date for the period referred to in point (iii); employers and employees can agree on an average of the expected hours of work over one, two, three or four weeks. Employees can agree to work up to 12 hours a day, an average of no more than 40 hours a week, without being paid overtime. 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.
(a) ensure that the worker has a non-work interval of 32 consecutive hours for each week covered by the agreement, whether the interval is taken in the same week, in different weeks or consecutively during the weeks covered by the agreement, or (b) pay the worker 1 1/2 times the normal wage for the working time worked by the worker during the periods; to which the worker would otherwise have the right to be free to work in subparagraph (a). after one and a half hours for all hours worked, i.e. an average of 40 hours per week on the defined average cycle. 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. Subsection (1) An agreement on average hours of work under this section allows an employer and an employee to agree on a work schedule of up to 40 hours in a one-week work schedule or an average of 40 hours in a 2- to 4-week work schedule without weekly overtime ..