Posted on December 3, 2020
The standard work day (for the purposes of the law) is 8 hours and the standard work week is 40 hours. In the absence of an average overtime agreement, employers must pay overtime rates for the overspend of the normal day and normal week. Another consideration is that means agreements, at least in BC, require the employer to set pay weeks and pay periods on the basis of the calendar week from Sunday to Saturday. In BC, overtime, even under a placement agreement, must be calculated on working hours between midnight on Sunday morning and midnight on Saturday night. Yes, for example. B, a 4-week funding agreement begins on Sunday morning, January 1, 2017, and expires on Saturday, January 28, 2017. 3. A funding agreement sets a schedule of 12 hours per day and one day per week. If all other terms of the contract are met in s.37 (2), this would be a valid agreement.
If there is a time bank, the employee`s additional hourly wage is credited to a “bank” and is not paid to the employee during the next pay period. Instead, they can take a break instead of overtime or request payment from the time bank at a later date. The time bank must be paid or used at the same rate of pay as it is earned. The entire time bank must be paid at the employee`s request or in the event of termination. The employer is responsible for checking in the time bank every hour. An employee must be free to work for at least 32 consecutive hours. This rest period can be taken in the same week, several weeks or one after another at any time during the duration of the schedule. 2. The employer and the worker enter into a two-week funding agreement with a total work schedule of 90 hours. The agreement is not valid because the average working time exceeds 40 per week. Therefore, The Act s.40 would apply to the calculation of overtime.
In BC, employers can obtain a funding agreement for new recruitment. This is done by indicating in the letters of offer that the offer is subject to written acceptance of the terms of the financing agreement. Although not so simple, the same can be done for existing employees. Existing staff must agree in writing to a funding agreement, i.e. they also have the right to object. The only way to overcome this opposition is to state in writing that the current employment after the notice period has expired depends on the written acceptance of the funding agreement. The employer is threatened with dismissal unless the workers accept the new terms of employment. Some people may not be satisfied with a tactic that could be perceived as “hard.” 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.) As long as the average weekly working time of the employee does not exceed 40 during the agreed average cycle and the employee never works more than 12 hours per day, there is no obligation to pay overtime. My example of a 4-hour shift would therefore not result in overtime pay obligations. i. The agreement must be written.