452 hours / 12 weeks = 37.6 hours per week, which meets the average requirement of no more than 40 hours per week. Flexible time is paid time that is provided when an employee works more than their scheduled hours in a day, but not overtime. Subsection 37 (12) This section ensures that subsections 37(2) to (11) form part of the terms of the means 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 of an average agreement under this section is a minimum requirement under the Act and, as such, a waiver described in section 4 of the Act. Employees covered by a collective agreement Employers who switch to the HWAA model should note that HWAAs impose stricter termination obligations and corresponding overtime obligations when employers need to make changes to an employee`s work schedule. For more information on these pending changes, please contact a member of McMillan`s Employment and Labour Relations Group. If no new agreement is concluded before the expiry date, minimum standards will apply. An assistant manager may occasionally make a temporary change to the work schedule that has not been requested by the employee(s) if he or she notifies the employee(s) 2 weeks in advance.
If a change is made with less than 2 weeks` notice, all hours worked of more than 7.25 hours (or other normal daily hours for the employee`s classification) that were not included in the previous schedule will be billed as overtime. Exceptions exist if the change was made because: Norma requested in writing a change in the scheduled relocation hours from Monday to Thursday. The payment of overtime does not result from such a change in schedule. If the employer had postponed the hours without a written request from Norma, the 2 out of 8 unplanned hours on Thursdays would be considered daily overtime under section 37(6). (8) § 36 (1) applies to an averaging agreement if the period specified in the contract is 1 week. (9) If the period specified in an averaging agreement is greater than 1 week, the employer shall calculate the average overtime as if the employee had worked the remaining scheduled shifts during the averaging period (daily or averaging rules apply). 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. An Assistant Director must obtain the approval of the Public Service Commissioner before entering into an HWAA consisting of a 3-day work week or other combination. Employees who work a 3-day week are entitled to three 15-minute rest periods for each working day. Rest periods must not be in the first or last hour of working time. When employees perform hazardous work or are responsible for the care or custody of persons, the Assistant Director receives an assessment of working conditions that takes into account longer hours of work from the Public Service Occupational Health and Safety Commission before accepting an HWAA.
vi. The expiry date may apply for any period of time, but the expiry date must be specified in the agreement. If an employee works during their rest period (p.B. due to an emergency), they must be paid for overtime. Working during a meal break does not always result in overtime pay. (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). The maximum normal working time in the above cycle is 240 hours based on: (14) The application and operation of an average agreement under this section shall not be construed as a waiver as described in section 4. The total number of daily hours is displayed in the calendar below. Weekly totals for the 12-week cycle are presented in the table below. 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. This article allows an employer and an employee to enter into a written agreement on the average hours of work over a period of one to four weeks.
Eligibility and related calculations for overtime and rest periods are included in this section. Overtime hours calculated on a daily and average basis. Overtime is paid for the higher number of hours worked that exceeds: Example: An employee who works four 10-hour days per week over a four-week period is asked to work eight hours on another day. The employee must be paid one and a half hours for overtime worked. Subsection 37(3): A schedule of work under this section may not contain more than: A single HWAA may be completed at the request of an employee or assistant director. 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. The employer may also change the schedule if the averaging scheme provides: (13) An employer must maintain an averaging agreement under this division for 4 years after: If, before the end of the averaging period, the averaging plan: 37(2)(b): The daily work schedule in an averaging agreement must 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 specified in section 37(3).
37(2)(c): The employee must receive a copy of the agreement before the start of the work schedule during the averaging period. An average agreement can be a useful tool to create and maintain predictable and fair work schedules for all parties involved, while controlling overtime costs. Overtime is paid as daily overtime or average overtime. Yes. Employers who allow or require employees to work longer than the hours specified in the agreement must pay these workers 1 1/2 times their normal hourly wage for overtime worked. An employee must have at least 32 hours in a row without work. This rest period can be taken in the same week, in different weeks or successively at any time during the duration of the schedule. If no overtime or daily overtime is due, flexible time is calculated on a daily basis. The flexible time due daily corresponds to all the hours that are higher than the scheduled hours, but below the threshold of daily overtime. Kil The agreement is an individual agreement between an employer and an employee and is not valid for the time spent before the agreement is signed after it has been signed. A deputy manager and a single employee or group of employees can complete an HWAA consisting of a 4-day work week or a biweekly combination of 4 working days in one week and 5 working days the following week (4/5 day work week).
Employees have one and a half hours of work: Note: Collective agreements may specify various methods of sending copies of averaging agreements to employees. Finally, the scheduled hours may not exceed 40 hours per week on average over the period covered by the agreement. An employer and an employee can agree on an average of the expected hours worked 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. The flexible average value agreement applies, which is not part of a collective agreement: according to § 37 (5), anyone over the age of 40 must be paid according to a weekly schedule or an average of 40 in a 2 to 4 week schedule at 1.5 X regular salary. Compressed work week agreements concluded before January 1, 2018 and entered into force on November 1, 2020 are only valid if: (a) 40 hours if the agreement provides for a period of 1 week in accordance with paragraph (2) (a) (iii); (b) an average of 40 hours per week where the agreement provides for a period of more than one week in accordance with point (a)(iii) of paragraph 2. i. The agreement must be in writing. Verbal agreements are not valid (see Example 1 below). While average agreements can minimize the amount of overtime to which an employee is entitled, an averaging agreement does not eliminate the requirement to pay overtime in full.
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. No. 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. Agreements for the calculation of working time averaging may be concluded between an individual employee or groups of employees and their employer. iii. The agreement must provide for a period of 1 to 4 weeks. The agreement may not exceed 4 weeks unless it is amended by the Director. (See section 72 (h.1) of the Act).
Providing this type of flexibility can be a big checkmark in the plus column for both the employer and the employee, but employment standards requirements for overtime can make flexible hours untenable for the end result. So what should an employer do if employees regularly work more than 8 hours a day or 40 hours a week and the agreement works well, but results in regular overtime? One possible solution is an average agreement. .