For example, an employee scheduled for a 4-hour shift may be subject to an investment agreement using a 2-week average cycle. During the 2-week average cycle, the employee may work an additional 10 hours per week, for a total of 100 hours per cycle. The employer would sometimes have to pay this worker for 20 hours above the 40-hour average during the average cycle. Vi. The expiry date may be valid for any period of time, but the expiry date must be indicated in the agreement. One of the few provisions of the B.C Employment Standards Act that employers consider to be in their favour is the average overtime (section 37). For the most part, the overtime rate allows employers to plan work in atypical shifts without having to pay them for overtime (half-year or double time and rates). A financing contract must be signed by the employer and the employee before the start date. It must also include: A staff member must receive a copy of the agreement before the date on which the deadline specified in the agreement begins. Employers must also keep a copy of the contract for two years after the termination of the worker`s employment relationship to which the agreement applies. A key aspect of the imclassification provisions of the Working Hours Act is that there must be a written and signed agreement on overtime extensions before overtime begins. (Employers who wish to prove in retrospect the existence of an agreement at average hours can expect little sympathy from the Department of Employment Standards.) There is no limit to the duration (for example.
B the number of “periods”) that the agreement can be on average. For example, the contract itself cannot expire for two years, but the maximum number of weeks that can be used to calculate the overtime entitled for any period of time is four weeks. i. The agreement must be written. Oral agreements are not valid (see example 1 below). The overtime provisions are intended for a situation where employees must regularly work a non-standard day. An example would be a consistent work week with 4 10-hour shifts. An average overtime agreement allows employers to use this type of schedule without requiring overtime hours.
The employee must receive a copy before the agreement takes effect. Funding agreements should not be subject to the employment standards branch. Example: Employment ends 2 weeks in an average of 4 weeks. A total of 90 hours of work were completed. Weekly overtime would not be due, as the total working time did not exceed 160 hours (4 weeks X maximum 40 hours per week). The termination of the contract following the notification of one of the parties to the cancellation of an investment agreement may only take place on the expiry date of the implementation period of the agreement (1, 2, 3 or 4 weeks) or, in the case of an agreement with a repetitive placement period, if one of the parties indicates that the agreement is concluded at the end of a given average period. And it is interesting to note that the wage obligations contained in the law, based on an “average daily wage” – such as statutory leave pay – must be calculated on the basis of the actual average of the worker`s working day. The example of “4 10-hour shifts” would have the effect of basing a worker`s legal right on his or her usual 10-hour shift. Workers who work on average from an average working time of more than one week must either receive 32 consecutive hours for each week on average or receive 1.5 times their normal wage for working time, instead of working without work.