Average Hours Agreement

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Flexible time is paid time that is provided when an employee works more than their scheduled hours in a day, but not overtime. 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. Employers and employees have agreed in writing that the employee`s working time can be calculated on average over a two-week period for the purpose of determining overtime claims and that the employee can work up to 54 hours per work week (six hours above the general daily limit). The EIT base code does not contain specific rules on the number of hours per day that can be worked. Nevertheless, employers should try to avoid long working days, as these can endanger an employee`s health. In the Basic Code and in national legislation, there is an obligation to create a safe working system that must prevent excessively long shifts or continuous work. This is due to health and safety risks arising from excessive working hours. In many countries, national legislation will contain provisions on either the maximum daily working time or the minimum daily rest period and rest days. It should be recalled that ILO Convention No. 1 (1921) required the adoption of a maximum of 8 hours. The employee must work a total of 34 hours.

However, every day, the employer required the employee to work an overtime hour. Overtime added to the schedule on Mondays and Wednesdays must be paid at 1.5 times the normal wage, as it is the unplanned working hours that are worked more than 8 times a day. The extra hour of work on Tuesday is paid twice the normal wage, as all periods worked over 12 years are paid at 2 times the regular wage. The extra working hour on Thursday is paid at normal time, as only unplanned working time greater than 8 leads to daily overtime. Note: Collective agreements may specify different methods for providing copies of averaging agreements to employees. 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. The overtime averaging period is calculated as if the employee had worked the remaining scheduled shifts during the averaging period (daily or averaging time rules apply). Example: The job ends 2 weeks over an average period of 4 weeks. A total of 90 hours were worked. Termination of the contract for notification by one of the parties The termination of an intermediary contract can only take place on the date of expiry of the averaging period in the contract (1, 2, 3 or 4 weeks) or in the case of a contract with a repeated averaging period if one of the parties notifies that the contract will be concluded at the end of a certain averaging period.

Where a collective agreement provides otherwise, the obligation to move from one shift to another must be consistent with the collective agreement. The agreement on the transfer of overtime is certainly an element that is well received by employers. This is a fair way to allow employees to work a non-standard work week without the employer having to pay higher wage rates. This should be seen as a good step towards the realization that not all employers` establishments are suitable for a standard 8-hour working day. Example 2: A four-week schedule for an employee who works an average of 40 hours per week and has an average of two days off per week The referral agreement must also specify a start date and an end date for the agreement. The agreement may provide for repetitions of the period of validity, but must specify how often it may be repeated. The agreement must specify the average cycle (1, 2, 3 or 4 weeks) over which the hours are averaged. Finally, the average agreement must be signed by both the employee and the employer (and the employee must receive a copy) before being implemented.

Example: A “short-haul truck driver” within the meaning of § 1 of the Employment Standards Regulations is excluded from Part 4 § 45, 40 and § 42 paragraph 2 of the Act. Subsection 37.3(3) of the Employment Standards Regulations requires overtime after certain hours of work. The “short-haul truck driver” can enter into an averaging agreement, since the regulation does not exclude him from section 37 of the Act. If the parties enter into an averaging agreement, the provisions of section 37 of the Act determine the calculation of overtime and eligibility. In this case, the agreement under § 37 excludes the driver from the provisions of the ordinance relating to overtime. 2 (2 – unplanned daily overtime on Thursdays) As long as the employee`s average weekly working time does not exceed 40 beyond the agreed averaging cycle and the employee never works more than 12 hours per day, there is no obligation to pay overtime rates. 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.

If overtime is due during the averaging period, some additional calculations are required. These calculations ensure that hours are not counted twice, both as average overtime and as flexible time. The calculation is as follows: According to § 3 of the Act, if a collective agreement contains a provision on hours of work or overtime, these provisions must comply with or exceed the provisions of this section, and the provisions of this section do not apply. If a collective agreement does not contain a provision on hours of work or overtime, Part 4 is deemed to be included in the collective agreement as part of its provisions, with the exception of § 37. Unlike the contractually agreed 48-hour provision, there is no way to average the hours around the 60-hour limit. The basic code is very clear: an employee cannot exceed 60 hours per week, except in exceptional circumstances, which is allowed by national legislation, regulated by a collective agreement and appropriate safety precautions are in place. A daily work schedule in an averaging agreement results in daily overtime if the scheduled working hours exceed 12. 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.

While there is no mandatory form for an overtime reference agreement (and the agreement does not need to be submitted to Employment Standards), certain requirements must be met. Contract working time refers to the number of hours an employee has to work by their employer per week. This is generally set at a maximum of 48 hours per week, unless national law or a collective agreement sets a lower value. Where the average is allowed, there may be some variability in the working time required, provided that the average working time required does not exceed 48 hours per week and that the total number of hours actually worked never exceeds 60 hours per week, except in exceptional circumstances, as permitted by national law, which is covered by a collective agreement and appropriate security measures have been put in place […].

gepubliceerd op 28 januari 2022