This section allows an employer and an employee to conclude a written agreement on the average working time over a period of one to four weeks. Eligibility and related calculations for overtime and rest periods are included in this section. If a period of 13 weeks on average is not sufficient, a period of 26 weeks may leave enough room for seasonal variations to be average over two periods of 26 weeks. Note: Collective agreements may define different methods for copies of resource agreements to be distributed to workers. Example: A "short-distance truck driver" as defined in section 1 of the Employment Standards Act is excluded from Part 4§ 35, 40 and 42(2) of the Act. Section 37.3(3) of the Employment Standards Regulation requires overtime to be paid for certain hours of work. The "short circuit" can enter into a medication agreement because the regulation does not exclude it from section 37 of the Act. When the parties conclude a financing agreement, the provisions of Article 37 of the Act determine the calculation of overtime and eligibility. In this case, the agreement of S.37 provides for the exclusion of the driver from the provisions of the overtime regulation.
Paragraph 1. An agreement on the average working time provided for in this division allows an employer and an employee to agree on a work schedule of up to 40 hours in a one-week schedule or an average of 40 hours in a 2- to 4-week work schedule, without weekly overtime. A daily work plan in an average agreement gives rise to daily overtime when the scheduled working time exceeds 12 hours. If, before the end of the average period, the average training agreement: There are many other nuances in the use of average overtime agreements, and I strongly recommend to get advice on this beforehand or at least to read the fact sheet "Average agreements" on the B.C. Employment Standards website. (a) ensure that the worker has an interval of 32 consecutive hours without employment for each week covered by the agreement, whether the interval is taken during the same week, several weeks or successively during the weeks covered by the agreement, or (b) that the worker pays 1 1/2 times the normal wage for the worker`s temporary work during the periods; to which, otherwise, the worker would have the right to be free to work in point (a). The standard working time of a worker subject to the average is 40 times higher than the number of weeks during the average period; The maximum working time must not exceed 48 times a week during the average period. For an average period of two weeks, for example, the standard and maximum hours are 80 hours and 96 hours, respectively. The worker must obtain a copy before the agreement takes effect. Funding agreements should not be subject to the employment standards branch. 37 (2) (b): The daily work plan in a funding agreement shall 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 set out in section 37(3). 37 (2) (c): The worker must receive a copy of the agreement before the work plan begins during the average period.
Workers working under a funding agreement under which hours are publicized over a period of one week must be made available to at least 32 consecutive hours of work per week. (i) in writing, (ii) is signed by the employer and the worker before the departure date provided for in the agreement, (iii) indicates the number of weeks to which the agreement applies, (iv) sets the work plan for each day covered by the agreement, (v) the number of times, if it is possible to repeat it, and (vi) provides for a start date and an expiry date for the period referred to in point (iii); the medium-flexibility collective agreement, which is not part of a collective agreement, applies: a medi cation contract must be signed by the employer and the worker before the start date. . . .